Question? who gets the house?

[Wiggy Ex]

What is the name of your state? GA

A coworker of mine is about to go through a divorce. Married a little of a year and no children. The husband owned the home before they were married but had bad credit so friend took out a mortgage in her name ONLY combining husband's 1st mortgage and 2nd mortgage - 2 payments made for the combined already.
Question is, will she get the house since the mortgage is in her name or will he get it?

 

[hexeliebe]

Nope! He will get possession of the home, she will get possession of the mortgage.

Don't you just love life?

 

[Wiggy Ex]

But if she leaves the home, will he have to get the mortgage put in his name or he will just get to leave there and she has to pay mortgage?

 

[hexeliebe]

Possession of the home and the mortgage are two separate issues. They are not tied in law.

Therefore, since the home is his prior to marriage, then it remains his after marriage.

However, because the mortgage is hers during the marriage, she may have a case of him paying a portion of it, but only a judge will be able to order such.

The main thing is, she has no rights to the home and he has every right to tell her to take a flying leap and not pay a penny on the mortgage.

She needs to speak with a divorce attorney now before he gets any bright ideas.

 

[Wiggy Ex]

But the deed was signed over to the wife before the mortgage went through -- the husband deeded it to the wife and now the mortgage is in her name and the deed is in her name also.

 

[hexeliebe]

That is NOT what you said in your original post.

The husband owned the home before they were married but had bad credit so friend took out a mortgage in her name ONLY combining husband's 1st mortgage and 2nd mortgage - 2 payments made for the combined already.

That is your post. Please point out where you stated that a deed transfer had taken place.

I'm outta here. You can wait for someone else to respond. I'm really tired of playing 20 questions with people who don't think enough of their problems to put the entire list of facts in front of this forum.

 

[Wiggy Ex]

I appoligize for not including that, but I'm kind of getting info as I go --- I appreciate your responses to me, and once again I am sorry for not including it before. Does that make a difference?
Sorry once again, I will get all info from now on.

 

[hexeliebe]

Thank you. At least you realize how difficult it is for any advice to be given with only half a story.

Because title has transferred, tell your friend to seek the advice of a real estate attorney now. I have no idea how the deed is listed, how the transfer was handled or anything else about the legal aspect of the transfer without seeing the title in front of me.

The one thing I can tell you is that no matter what, your friend is on the hook for 100% of the mortgage.

 

[Wiggy Ex]

Thank you so much and I'm sorry about before.