Husband not on house deed or mortgage

[carmel34 3,626]

I bought a house in California before my husband immigrated from Brazil on a CR-1 last year, but we had been married for almost a year when I bought it.  After he arrived, we did an "Interspousal Grant Deed" to include him as a joint legal tenant of the property.  That way he is included on the deed to the house even though the mortgage is in my name.  Find a local attorney or go to legalzoon.com and get it done along with a power of attorney, will, living will, etc. and submit all this to respond to the RFE.  Good luck!

[Orangesapples 1,954]

16 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

To be honest, your justification for not adding him to the mortgage or the deed makes you sound not committed to the marriage and if I were the officer looking at your case I would be very suspicious that your marriage is real. 

[jess78 0]

Just now, Orangesapples said:

To be honest, your justification for not adding him to the mortgage or the deed makes you sound not committed to the marriage and if I were the officer looking at your case I would be very suspicious that your marriage is real. 

I mean every couple is different. I know some couple go dutch and everything is 50 and 50, it does not mean they do not love each other. i am taking care all of spending now, we talk about it and both agreed to add his name after he find a job. but rfe is due this month so i

 really do know if we have enough time。

Edited January 11, 2020 by jess78

[JeanneAdil 6,498]

2 hours ago, Lance27 said:

If you live in a community property state, any property acquired after marriage belongs to both parties.

and if you did divorce,  selling the property and spliting the assets would have to happen unless he signed off

why did you marry someone you don't trust?

 

also surprised that the mortgage preparer allowed this 

i did a quick claim deed to add my husband before he even came as our embassy likes to see commingling of finances

but when i thought recently to refinance,  I was told a spouse HAD to be added to the mortgage /they didn't care who paid the monthly payment 

[jess78 0]

Just now, JeanneAdil said:

and if you did divorce,  selling the property and spliting the assets would have to happen unless he signed off

why did you marry someone you don't trust?

 

also surprised that the mortgage preparer allowed this 

i did a quick claim deed to add my husband before he even came as our embassy likes to see commingling of finances

but when i thought recently to refinance,  I was told a spouse HAD to be added to the mortgage /they didn't care who paid the monthly payment 

he did not work so mortgage did not allow to add his name.

[JeanneAdil 6,498]

1 minute ago, jess78 said:

he did not work so mortgage did not allow to add his name.

wrong   he is added as spouse 

doesn't matter about his income 

 

and as your husband if something happens to you,  God forbid,  he is still responsible for all your bills

 

so  you need to buy yourself some good life insurance 

[Georgia16 2,858]

7 minutes ago, jess78 said:

he did not work so mortgage did not allow to add his name.

I don’t work. I have been a homemaker since I came here and I was added and are joint on the house we have both for deed and on the mortgage. 

[Crazy Cat 41,845]

10 minutes ago, jess78 said:

he did not work so mortgage did not allow to add his name.

My wife is on our mortgage, and we used only my income to qualify.........It doesn't make sense for them to prevent him from being on the mortgage.  I'm sure they would rather have both people responsible for the debt.  My wife and I are both on the deed as well as the mortgage. 

[Crazy Cat 41,845]

16 minutes ago, jess78 said:

he did not work so mortgage did not allow to add his name.

My wife is on our mortgage, and we used only my income to qualify.........It doesn't make sense for them to prevent him from being on the mortgage.  I'm sure they would rather have both people responsible for the debt.  My wife and I are both on the deed as well as the mortgage. 

 

In what state do you live?

[JonSeattle 202]

The mortgage company is only interested in minimizing their risk. They may be concerned that by adding the husband's name that they are giving anyone who might in the future sue the husband an angle to claim to ownership in the house. That could cause the mortgage company extra expenses down the road if some incident occurs, so the mortgage company is solving that problem before it happens. I may be facing a similar situation when my fiance arrives here. In my case, I am renting out the house I own, so I hope that having her name on an apartment lease will solve it for us.

[jess78 0]

Just now, missileman said:

My wife is on our mortgage, and we used only my income to qualify.........It doesn't make sense for them to prevent him from being on the mortgage.  I'm sure they would rather have both people responsible for the debt.  My wife and I are both on the deed as well as the mortgage. 

 

In what state do you live?

Washington

[Crazy Cat 41,845]

1 minute ago, jess78 said:

Washington

https://statelaws.findlaw.com/washington-law/washington-marital-property-laws.html

"Washington is one of a few remaining community property states in the country, which means items considered marital property are generally split equally. According to Washington law, marital (or community) property is that which was acquired by either party during the course of the marriage, with some exceptions."

[jess78 0]

Just now, missileman said:

https://statelaws.findlaw.com/washington-law/washington-marital-property-laws.html

"Washington is one of a few remaining community property states in the country, which means items considered marital property are generally split equally. According to Washington law, marital (or community) property is that which was acquired by either party during the course of the marriage, with some exceptions."

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

[JonSeattle 202]

1 minute 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？

If you want to later keep the property as separate property in the case of a divorce, you need to keep careful records that assets were not co-mingled. Sending in evidence that you consider the house as joint property would probably come up in a divorce proceeding. You might as well grant him a joint deed and get it over with. I don't know if the mortgage company can stop it. Talking to a lawyer would be very advisable.

[Crazy Cat 41,845]

5 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？

No.  It means that buying the house AFTER your marriage did not protect "your" property.....