Legal Question in Family Law in Maryland

Hello

My husband and I are in the process of buying a house together. He is paying the downpayment of $300k.

Just yesterday the loan company called us and told us that as he is not a US citizen, his name cannot be on the loan and in order to source the funds he would have to sign a document saying that this $300k is a gift to me. (in the eyes of the lender this is to ensure that I am not taking out a loan to pay the downpayment and possibly have too many debts in order to pay them).

The problem is that we signed a prenuptial agreement that explicitly states that we both get whatever we entered the marriage with, we split everything 50/50 that was acquired after, EXCEPT items that are documented as 'gifts' in writing.

He has significantly more cash than I do, and as his last marriage ended so poorly, he is extremely concerned.

Can we add an addendum to our prenup that states that the gift monies for the purchase of the house are not to be considered 'gifts' as outlined in the prenup?

Please advise.


Asked on 9/17/11, 7:40 am

1 Answer from Attorneys
Thomas Mallon Law Office of Thomas K. Mallon, LLC

Yes you can. You can also try a new lender or a few. If you need help with the Addendum, please feel free to call me at 410 847-9075 or e-mail me at [email protected]

Sincerely,

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Answered on 9/17/11, 8:49 am


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