I have been in a relationship for 15 years, of which I have been married for 5 years. When my husband bought his house, his ex-wife did the paperwork. He was on loan, but not a certificate.
We are meeting with a lawyer next week to remove her name from the certificate of the house and find out what must be done to make it my husband’s name. She and I don’t care about each other at all.
How can I protect myself? God forbids anything from happening to my husband. His ex-wife is a snake in the grass and cannot know what he signed without knowing what he did.
Dear second wife,
It depends a lot on how your husband and his ex-wife lived and whether she / they bought a home before or after marriage. If they bought it during their marriage, the house may have been considered a community or marriage property during the divorce.
But it’s a concern that so much time has passed and your husband hasn’t taken any action to remedy this dilemma. Assuming they weren’t dealing with this property in a divorce, he’s playing a passive role in this property transaction and today we need to consult a lawyer.
In New York, as in many states, divorce courts divide the marital property, but another property purchased before marriage remains the buyer’s sole property. Given the suspected sleight of hand, it seems likely that his ex-wife signed these documents before marriage.
If your husband’s name is on the mortgage but not on the real estate certificate and the house was purchased before marriage, he is technically a mortgage co-signer but not a real estate co-owner. .. It’s a bad place to be there. Your husband, and everyone else, should always read the document before signing.
“”In New York, as in many states, divorce courts divide the marital property, but the separate property purchased before marriage remains the buyer’s only separate property. “
I received many letters from people in similar situations. This letter writer Her husband said she was worried that she would be divorced if she named her on the certificate of the house she bought before she got married (and they have been married for 30 years).
In another story with another twist, This woman She said her estranged husband was on the certificate but not on the mortgage. In her retelling, she seems to have been fooled into making her fateful decision.
As I said, your husband’s case has many unknowns that determine the outcome, including whether the divorce decision even mentions this property. It’s a careful story, and it’s hard to believe that when you talk about it, your husband believed he bought her house without being on her certificate of title.
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Other works by Quentin Fottler:
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