Husband not on house deed or mortgage

[Scandi 4,173]

18 minutes ago, jess78 said:

so this mean even if he is not on the list i can still send the deed since it will be join property？

It means it's his house too, even if his name is not on the deed or mortage. So if you divorce he still gets half of it, so keeping his name off the deed does nothing for you. 

[JonSeattle 202]

8 minutes ago, Scandi said:

It means it's his house too, even if his name is not on the deed or mortage. So if you divorce he still gets half of it, so keeping his name off the deed does nothing for you. 

I don't think that is really true, even in Washington. It apparently is possible to keep separate ownership in Washington, if you keep evidence that the purchase was made with pre-marital or inherited assets. But the affidavit of support that is required is going to be another concern if the marriage breaks up and the spouse cannot support themselves.

[Crazy Cat 41,982]

2 minutes ago, JonSeattle said:

I don't think that is really true, even in Washington. It apparently is possible to keep separate ownership in Washington, if you keep evidence that the purchase was made with pre-marital or inherited assets. But the affidavit of support that is required is going to be another concern if the marriage breaks up and the spouse cannot support themselves.

She's paying a mortgage....probably with income earned after the marriage.......she didn't purchase the house with pre-marital assets.

Edited January 11, 2020 by missileman

[JonSeattle 202]

5 minutes ago, missileman said:

She's paying a mortgage....probably with income earned after the marriage.......she didn't purchase the house with pre-marital assets.

I think it would come down to the mortgage payments being treated as a pre-distribution of community assets, which means she would potentially keep the house but the division of other assets would be adjusted by the amount of the mortgage payments.

 

Whether that would work in divorce court is one thing, but immigration will assume that is the desired outcome by keeping the deed separate.

Edited January 11, 2020 by JonSeattle
clarifcation

[Crazy Cat 41,982]

1 minute ago, JonSeattle said:

I think it would come down to the mortgage payments being treated as a pre-distribution of community assets, which means she would potentially keep the house but the division of other assets would be adjusted by the amount of the mortgage payments.

 

Let's hope it never becomes an issue...😁

[Cheschirecat 176]

19 hours ago, jess78 said:

Hi everyone, I received a RFE on my I-751 like 2 months ago and due day is this month. Rfe only ask for deed and mortgage in both our name.  I bought a house after we were married. The house deed and mortgage is on my name and it was my solo asset because I was the one who got the loan and making the monthly payments. My husband does not work because he can not speack english really well, so I am taking care of all our spent. I just want to protect myself. I have friend who's wife left him after getting 10 year card and get half of his asset like money and house everything but her wife did not contribute to their spent at all my friend paid everything. And I really do not this happen to me. So how can I proved the rfe when I do not have it. Thanks

In Tn the husband would own 1/2 the house unless it is outlined in the divorce or you had a pre-nupt 

[Randyandyuni 2,682]

21 hours ago, jess78 said:

I check and it show sole property

Sole domilciary ownership owned by you for payment, owned by both in a divorce

[debbiedoo 2,339]

unless you have a prenup .... you bought it AFTER you married. that makes it HALF HIS, no matter if his name is on it or not.

 

just put him on the deed.

 

i too worry why you dont seem to trust him enough to put him on the deed.

 

 

[Highmystic 234]

23 hours ago, jess78 said:

Hi everyone, I received a RFE on my I-751 like 2 months ago and due day is this month. Rfe only ask for deed and mortgage in both our name.  I bought a house after we were married. The house deed and mortgage is on my name and it was my solo asset because I was the one who got the loan and making the monthly payments. My husband does not work because he can not speack english really well, so I am taking care of all our spent. I just want to protect myself. I have friend who's wife left him after getting 10 year card and get half of his asset like money and house everything but her wife did not contribute to their spent at all my friend paid everything. And I really do not this happen to me. So how can I proved the rfe when I do not have it. Thanks

I won't pretend I know your life, but just wanted to chime in after reading all the comments.  Yes, Cal, like many states, what's yours is yours, whats his is his, BEFORE marriage, after that it is equally shared tangibles, including RE.    I can understand your concerns though.  I am not sure an "after marriage" contract would supersede state law.    Since he can not speak English much, I wonder what he has being doing for the past couple of years, since you said you are supporting the both of you.  Since you bought a house in CAl, and he is not earning, I assume also you have a good income, and NOT paying the mortgage from a trust fund you inherited prior to marriage.  Is there classes you can send him to to learn English to help find work.  I Mean, about every Hotel I;ve stayed at in Vegas etc, it is rare to find a housekeeper who speaks English at all.  Granted, they speak Spanish, and if I am not mistaken,  Brazil speaks mainly Portuguese.  If he is driving around,  has a license, perhaps one could start some small llc business he can run and work at to earn.  Cal is probably the hardest to do business in without being a millionaire!  All that red tape.    Anyways, best of luck to you and hope you find answers that you can live with.  

[jess78 0]

Just now, Highmystic said:

I won't pretend I know your life, but just wanted to chime in after reading all the comments.  Yes, Cal, like many states, what's yours is yours, whats his is his, BEFORE marriage, after that it is equally shared tangibles, including RE.    I can understand your concerns though.  I am not sure an "after marriage" contract would supersede state law.    Since he can not speak English much, I wonder what he has being doing for the past couple of years, since you said you are supporting the both of you.  Since you bought a house in CAl, and he is not earning, I assume also you have a good income, and NOT paying the mortgage from a trust fund you inherited prior to marriage.  Is there classes you can send him to to learn English to help find work.  I Mean, about every Hotel I;ve stayed at in Vegas etc, it is rare to find a housekeeper who speaks English at all.  Granted, they speak Spanish, and if I am not mistaken,  Brazil speaks mainly Portuguese.  If he is driving around,  has a license, perhaps one could start some small llc business he can run and work at to earn.  Cal is probably the hardest to do business in without being a millionaire!  All that red tape.    Anyways, best of luck to you and hope you find answers that you can live with.  

he is taking esl class now, it just hard for him, he needs to start from zero. like people said in the post, he already own half of the house then do i still to add his name on the deed.

[NikLR 13,228]

23 hours ago, Scandi said:

If you bought the house after you got married then half the house is likely his anyway, no matter if his name is on it or not. Usually everything that is acquired during the marriage will be split between the two spouses at a divorce. 

Depends on the state. For instance in Colorado it's equitable so if you put more into the financials of your marriage, you are likely entitled to a larger percentage. 

[Highmystic 234]

8 minutes ago, jess78 said:

he is taking esl class now, it just hard for him, he needs to start from zero. like people said in the post, he already own half of the house then do i still to add his name on the deed.

As others stated, he already "owns" half the house, so adding him to the deed will change nothing in that regards, but adding him to the deed would appease immigration.  If, what you worry about, about the house in case you two get divorced after his ROC,  you can, at least go to divorce court and argue the fact that you payed 100 percent of everything, and  petition the court to give you most, and buy out the other.  Hopfully you will never have to go down that road!  Best of luck to the both of you. 

[NikLR 13,228]

Op you need to present evidence that you both live in this house and that you have joint expenses/comingling of finances. 

 

What did you send with roc and what could you possibly send now?

[jess78 0]

Just now, jess78 said:

he is taking esl class now, it just hard for him, he needs to start from zero. like people said in the post, he already own half of the house then do i still to add his name on the deed.

he is great now and we happy couple, just hope he will not change later on.

[jess78 0]

Just now, NikLR said:

Op you need to present evidence that you both live in this house and that you have joint expenses/comingling of finances. 

 

What did you send with roc and what could you possibly send now?

now i can send bank statement, car insurance, water bill etc.