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Old 03-22-2002, 06:54 PM
linda862
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I need a quick answer, please


I've posted on this topic before but with no straight answer.
I need responses quick.

Facts:

Husband owned home we are living in prior to our marriage.
As per pre nup agreement, he put my name on the deed.
At the time of the mortgage, the house was mortgaged for $220,000. During our marriage the house was appraised and it went up $500,000. He bought the house from his parents so they sold it cheap. We had to list assets for our prenup and he listed the house as $220,000. So, in my mind, as a joint owner of the house, the value increased $500,000 during our marriage.

Now, here's the situation/problem. He wants to refinance/take out a loan based on the equity of the house.

I'm on the deed so he needs my ok on this. I believe (NY) that i must sign the mortgage papers (have spoken with real estate lawyer offices).

The check will be made out in both of our names.

I only work part time (started recently) but was a homemaker for the first year of our marriage. His salary is marital income. This is what will be used for the new mortgage/loan.

He wants to use the money for various things. Investing, this that and the other thing. He believes he can do any and all w/o my consent since he believes that the equity is solely his.

My question/concern is, can he do as he wishes with this money or, does everything have to have both our names on it since the bank loaned us both the money.
  #2  
Old 03-22-2002, 07:41 PM
gottago
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If both your names are on the current mortgage and deed, he isn't going to be able to get an equity line of credit (2nd mortgage) without your consent and signature.

Since he can't get the loan without your permission, I don't see why you would sign the loan papers if you're thinking he'll blow the money on things you don't agree with. If you don't want him to have the money, don't sign the mortgage papers.

If you do sign the loan papers, and put the proceeds in your joint bank account, he's going to be able to do whatever he wants with the money, unless you spend it first. Sure, you might be able to go after him in a divorce court later, but by then the money's already gone.

It sounds like you might need a marriage counselor instead of a real estate attorney.

Last edited by gottago; 03-23-2002 at 09:09 AM.
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