Real Estate and Home Mortgages - Title on home

I own a home with my separated husband. We've been separated for 3 years, but continue to live in the same property because of finances. It's a large home, so he lives downstairs and I...upstairs. We get along alot better this way.

Here's my questions (and I should know this because I also...by myself only....own a condo that I rent out)...

1)..how do you find out who's names are on the house's title? There is a lack of trust issue that we have and I wouldn't ever want to find out that my name has been taken off of the title.

We're thinking of refinancing soon because it is now on a ARM and the payments are going up.

I'm self-employed and don't make as much as he does, but I own more than he does (investments, real estate, Roth Ira's) and my FICO score is higher than his is.

2)Would it be wise to get a refinance loan with both of our names on it? Or, just his because he has a full time job? and if so, does that keep my name on the house's title?

Thank you!

You don't mention what state you are in. Laws will vary from state to state. Are you in a community property state?

Your condo that you own, did you own it prior to entering the present marriage? Did your husband contribute anything towards it's mortgage (if any) or care and upkeep? If so, then the door is open for him to lay some claim to it as community property. Good records and separate accounting is the only way to substantiate prior sole separate property.

You will have to do a quick title search at your county real property records and get a copy of the recorded deed. No one can take your name off of the deed without your signature (or power of attorney.) Find your county clerks office, the real property records, and ask a clerk for assistance in locating the original deed and any subsequent documents with your name and/or your husbands name. Often the data is available on the internet. (Usually for a fee.)

When refinancing, I do not see any mortgage company allowing only one name on the mortgage while there are two on the deed. It's not inconceivable, but highly unusual. I wouldn't want to be one of the parties to that situation as it may present some unforeseen complications down the road.

Thank you for the advice!

I bought my condo with the monies that was given to me in an inheritance fund. I did receive that fund after we were married, but had my lawyers do a post nuptial, so that he can't receive half (I live in CO...it's a 50/50 state) of anything that's purchased with the inheritance, any profits made out of my investments......nada.

He's American Indian and told me 15 years into the marriage that he's retiring on his family's Indian reservation. That he already had land there and on the reservation...everything for them is paid for.

I cannot move to the reservation because it's not my culture and beliefs, although I truly respect them. I'm a white female and even if I did move to the reservation with him, I wouldn't be included in alot of their family things.

That being said, I started saving for retirement years ago and wondered why he never contributed. He has no 401K with his job, no IRA (he does construction as a contractor) and no health benefits. THEN, I found out and he knew that I wouldn't be able to move to the reservation.

So, our "marriage" is one that's legal on paper now and that's it. Yes, divorce is in the future.

But, the home we live in is 50/50 and I want to make sure that it remains that way.

I'll check with the county to do a title search.

If you refi thru just him...your name would be removed from Title and you will be signing a "Disclaimer Deed". This removes your rights form the property. It actually is YOU removing your own rights. >> No one forced you to sign...yes??

NO lender will allow two on title and not two on then loan. period.

Now there are specific state laws that may or may not protect your interests reqardless of title or Disclaimer Deeds. I wouldn't get myslef in that position in the first place.

>>> See the thread about that I answered and gave examples today also. It was all title related with a lady looking to get divorced.

Mr. guiness and md taylor, where do you get your information? You can certainly refi with one person on the loan and 2 on title. THis has been done many times and will continue to do so. I can name all the big investors who do allow this, Country wide , Wells, US Bank, BOA, Chase, Citi, etc. etc. etc.
Its the same thing as a non borrowing spouse, family member or whoever.

To answer your question, he can refi with the loan just under his name and you can still sign legal docs to stay on title and thefore protect your interest in the property. Depending on your state will determine how much docs you have to sign and as mentioned earlier if you are in a community property state. you have more rights.

Thank you for your advice!

We're both on the title and we're both gonna be on the loan.

How do I check out a lender company to make sure that these guys are legit?

I filled out a quick questionnaire online for a "free quote" and got the quote, but when I went to call their toll free number....I got a disconnected message.:confused:

go to better business bureau to check them out. work with a direct lender or even better, a bank. shop up to 3-4 places tops. compare rates on same day.

Mr. guiness and md taylor, where do you get your information? You can certainly refi with one person on the loan and 2 on title.

Didn't I say something like "highly unusual but not inconcievable" or something like that?