Legal Question in Real Estate Law in Iowa

My husband wants to purchase a new car- the bank wants him to refinance our home currently in both our names into just his name because I was late on my gas card 2 times in 5 years so his score is better- if I agree do I forfeit all equity that has been built up? He gets a car and a home in his name I get nothing- not even security-


Asked on 4/12/11, 2:56 pm

2 Answers from Attorneys

Robert Luedeman solo practitioner

What's the legal question? Should you agree to this? If the home is in his name only it would make things a lot more difficult for you if a dissolution is down the road.

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Answered on 4/13/11, 5:58 am
Thomas Moens Moens Law Offices, Chartered

If your banker is suggesting getting putting a second mortgage against your home to purchase a car, I would suggest that you discuss this with an attorney first, and/or run away. For numerous reasons, I generally do not recommend getting a second mortgage on your home to purchase a car. For one, the value of the car usually goes down faster than the loan balance, which means you could be "upside down" on your house shortly after the purchase.

In addition, reputable bankers will not suggest that you change how you hold title to your home. That is not their job--it is a legal determination, and reputable bankers know this. You probably own the property in joint tenancy right now. If the banker requires that you put the property in your husband's name only, and your husband would happen to die, it could be an expensive problem for you. If, for just one example, he has children from a previous marriage, it could be disastrous for you. Likewise, if you were to divorce, this could put you in a bad position.

In short, this sounds like a bad idea, but you should discuss the situation in detail with an attorney before you do anything. Do NOT take advice from bankers as to how you should hold title to real estate.

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Answered on 4/13/11, 7:18 am


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