marital property

[ditzymiss]

What is the name of your state (only U.S. law)? NJ
A couple are married and living together and were married when their present home was purchased. Can the wife sell the marital home without husbands consent if the home is in her name alone?

 

[Ohiogal]

What is the name of your state (only U.S. law)? NJ
A couple are married and living together and were married when their present home was purchased. Can the wife sell the marital home without husbands consent if the home is in her name alone?

Husband has dower rights most likely and wife would need his permission if they are married when she wants to sell it. He would at least need to release his marital equity in it for a warranty deed/title insurance to go through.

 

[LdiJ]

Husband has dower rights most likely and wife would need his permission if they are married when she wants to sell it. He would at least need to release his marital equity in it for a warranty deed/title insurance to go through.

I don't disagree...but I have some vague recollection that the rules vary from state to state a bit, on that particular issue.

 

[ditzymiss]

Thanks i didn't think she could legally sell without husbands permission.

husband has dower rights most likely and wife would need his permission if they are married when she wants to sell it. He would at least need to release his marital equity in it for a warranty deed/title insurance to go through.

 

[Ohiogal]

Thanks i didn't think she could legally sell without husbands permission.

Who are you in all this?

 

[ditzymiss]

Who are you in all this?

It is my son that is going thru this

 

[tuffbrk]

Are you sure about that? Perhaps her name is solely on the note but they are both on the mortgage? It is rare that a mortgage company or bank would not include the spouse's name on the mortgage, even if the spouse's income/credit was not used to secure the note.

I'd suggest you have your son do a little research and then tell him to come sign up and ask his own questions.

 

[ditzymiss]

Are you sure about that? Perhaps her name is solely on the note but they are both on the mortgage? It is rare that a mortgage company or bank would not include the spouse's name on the mortgage, even if the spouse's income/credit was not used to secure the note.

I'd suggest you have your son do a little research and then tell him to come sign up and ask his own questions.

The problem arose and he asked me if I knew if that was legal? Just doing a little research for him...really? His credit wasn't good at the time, so they put it all in her name, but thanks for the info I will pass it along.

 

[confused121]

What is the name of your state (only U.S. law)? NJ
A couple are married and living together and were married when their present home was purchased. Can the wife sell the marital home without husbands consent if the home is in her name alone?

I have always heard...it takes ONE to buy....TWO to sell

 

[Bali Hai]

I have always heard...it takes ONE to buy....TWO to sell

Meaning?

 

[Just Blue]

The problem arose and he asked me if I knew if that was legal? Just doing a little research for him...really? His credit wasn't good at the time, so they put it all in her name, but thanks for the info I will pass it along.

You should have your son sign up and ask for himself. That way HE, as the legal party, can properly answer any questions asked. Thanks!!

 

[Just Blue]

Meaning?

//////////

 

[tuffbrk]

Meaning?

Meaning that when a married couple purchases a home, only one spouses's income and credit may be used to secure the loan (one to buy). However, the mortgage almost always must include both spouses as it is a marital purchase/property (two to sell).

 

[Bali Hai]

Meaning that when a married couple purchases a home, only one spouses's income and credit may be used to secure the loan (one to buy). However, the mortgage almost always must include both spouses as it is a marital purchase/property (two to sell).

Thank you tuffbrk. You are a very nice lady. Some of the rest here could use your class.

 

[single317dad]

Thank you tuffbrk. You are a very nice lady. Some of the rest here could use your class.

I can think of one, anyway.