Legal Question in Family Law in Kentucky

Re: House Deeds

This is a little technical in that only the grantor (seller/first owner) has to sign a deed to convey it to someone else. However, the grantee (buyer/receiving owner) signs a consideration statement (how much was paid for the conveyance). The actual conveyance happens when the deed is handed to the grantee. Realistically, the only way he could get a deed recorded with your name on it is if you signed that consideration statement or he forged the signature.

Now that I have confused everything, whether your name is on the deed or not does not change the nature of the debts he has. In fact, it might help preserve your marital share of the residence from foreclosure. Even if he owned the house prior to marriage, you have a marital share of the increase in value of the house since the marriage began.

The only way you become personally responsible for his debts is if you sign a promissory note. Your marital share becomes secured by signing a mortgage. Those are the documents you do NOT want your name on.

Now, whether you can preserve your marital share is not a given but determined based on specific facts and times that events occurred.

Also, if a divorce occurs, the facts will determine if any part of those debts are marital debts - even if the creditor cannot collect directly from you.

In other words, if something bad happens, you need to consult with an attorney about the specifics. Also, having your name on the deed of the house won't harm you. Having you name on a mortgage or promissory note, it would harm you.