Removal of Conditions: question about House Deeds

[NYCruiser 423]

I have a question of those who have filed or know whether not having a House deed/Mortgage in both names is an issue with USCIS. The house is in my name and adding my spouse's name will necessitate a refinance and other bureaucratic issues. Any advise?

[Cryssiekins 976]

 

I have a question of those who have filed or know whether not having a House deed/Mortgage in both names is an issue with USCIS. The house is in my name and adding my spouse's name will necessitate a refinance and other bureaucratic issues. Any advise?

The house deed can be amended without a refinance.  You just need a quit claim deed where you convey the premises from you to you and your spouse and then have it notarized and filed in your county clerks office.  

 

I don't necessarily think a spouse needs to be on the mortgage as sometimes it's better financially if the mortgage is in only one partners name, but the deed to the premises is what defines the asset and would make the case stronger that the marriage is bona fide.

 

The draft of the deed itself is quite simple (I can send you a template) but you'll need the original deed or the title search to the premises for the legal description and then a lawyer to notarized/file. 

[NYCruiser 423]

 

The house deed can be amended without a refinance.  You just need a quit claim deed where you convey the premises from you to you and your spouse and then have it notarized and filed in your county clerks office.  

 

I don't necessarily think a spouse needs to be on the mortgage as sometimes it's better financially if the mortgage is in only one partners name, but the deed to the premises is what defines the asset and would make the case stronger that the marriage is bona fide.

 

The draft of the deed itself is quite simple (I can send you a template) but you'll need the original deed or the title search to the premises for the legal description and then a lawyer to notarized/file. 

Thank you for the assistance.

[ch3john 308]

A word of caution - If you add your spouse to the deed without refinancing, get approval in writing from your mortgage company. Most mortgages have a "due on sale" clause which means the lender has the right to call in the entire balance of the mortgage if there are any changes in ownership. 

 

As mentioned above, a quitclaim is the easiest way to add a spouse to the deed but it's good to get written approval from you mortgage company to do so. It's more a CYA thing

Edited May 6, 2017 by ch3john

[SparklePony 238]

My husband is closing on a house next week. I'm not on the mortgage because I have no credit history, and I can't be on the deed because I'm not on the loan. We asked the mortgage company to give us a written statement saying exactly that so we can add that explanation to the ROC evidence pack. 

[NYCruiser 423]

So if we do not enclose any documents on the house will this result in an RFE? We are enclosing loads of paperwork...Taxes for 3 years, Wills, POA, Living Will, Letters from three friends, photos, financials ie checking accounts, investments together, insurance, my 401K, driver's licenses, health insurance info, credit cards together, etc etc....a large pile of paperwork.

[NikLR 13,232]

 

My husband is closing on a house next week. I'm not on the mortgage because I have no credit history, and I can't be on the deed because I'm not on the loan. We asked the mortgage company to give us a written statement saying exactly that so we can add that explanation to the ROC evidence pack. 

Must be just a thing in your county or state as I am on the deed but not the mortgage. 

[NikLR 13,232]

 

So if we do not enclose any documents on the house will this result in an RFE? We are enclosing loads of paperwork...Taxes for 3 years, Wills, POA, Living Will, Letters from three friends, photos, financials ie checking accounts, investments together, insurance, my 401K, driver's licenses, health insurance info, credit cards together, etc etc....a large pile of paperwork.

No since you're still providing evidence that you live together and trust each other financially.  A house deed would be unlikely to cause you an RFE with the rest of your list. 

[SparklePony 238]

 

Must be just a thing in your county or state as I am on the deed but not the mortgage. 

It's specific to our loan, yes. The point I was trying to make was that we got the mortgage company to give us a statement for ROC purposes, to add to our evidence. It could be a possibility for the OP. 

Edited May 7, 2017 by SparklePony

[NikLR 13,232]

 

It's specific to our loan, yes. The point I was trying to make was that we got the mortgage to give us a statement for ROC purposes, to add to our evidence. It could be a possibility for the OP. 

Yes it can be a good idea if the purchase of the house came during the ROC period like yours and mine did. 

[bubblebubble 16]

9 hours ago, SparklePony said:

My husband is closing on a house next week. I'm not on the mortgage because I have no credit history, and I can't be on the deed because I'm not on the loan. We asked the mortgage company to give us a written statement saying exactly that so we can add that explanation to the ROC evidence pack. 

deed and loan are two separate things (maybe something is quite different in your state).. my name is on the deed but not the loan...i was not on the loan because at the time we were closing, the beloved USCIS hadn't approved my AOS!

Edited May 8, 2017 by bubblebubble