Mistake on deed

[Sarah2977]

My husband and I are separated, I recently purchased a home. My mortgage application was done under my name only, using my income. My title was listed under single, even though I’m not. I did not want to further complicate things so I left it instead of correcting it. Now I am worried this will come back to haunt me. What can I do to fix it?

 

[Taxing Matters]

My husband and I are separated, I recently purchased a home. My mortgage application was done under my name only, using my income. My title was listed under single, even though I’m not. I did not want to further complicate things so I left it instead of correcting it. Now I am worried this will come back to haunt me. What can I do to fix it?

In what state is the property located and, if different, in what state is the divorce taking place (or will take place)? Whether it even matters and how to fix it depend on the applicable state law.

 

[Sarah2977]

In what state is the property located and, if different, in what state is the divorce taking place (or will take place)? Whether it even matters and how to fix it depend on the applicable state law.

Kansas is the state

 

[Taxing Matters]

Kansas is the state

Then it may not matter for purposes of a divorce, so long as you don't try to hide the home in discovery. Whether the lender might care that you did not disclose that you were married is another matter. I suggest you discuss it with a family law attorney to see if there is anything you need to do about the deed at this point. I suspect the answer will be no, but you'll want to verify that.

 

[Sarah2977]

Then it may not matter for purposes of a divorce, so long as you don't try to hide the home in discovery. Whether the lender might care that you did not disclose that you were married is another matter. I suggest you discuss it with a family law attorney to see if there is anything you need to do about the deed at this point. I suspect the answer will be no, but you'll want to verify that.

Thank you for your response. I am getting with my lender. I am really disappointed in myself. I usually do not cut corners, this home buying process got me.

 

[LdiJ]

Thank you for your response. I am getting with my lender. I am really disappointed in myself. I usually do not cut corners, this home buying process got me.

Talk to a family law attorney or a real estate attorney (maybe both) before talking to the lender. You don't want to cause confusion if its unnecessary. What the lender cares about is getting paid, and that their collateral is safe. Once you get divorced (assuming your stbx doesn't try to make any claims regarding your house) the whole issue could be moot.