Legal Question in Real Estate Law in Michigan
My husband and I just bought our home back out of a foreclosure. Our Mortgage company let us buy it back for an agreed amount. At the closing, I request that my name be put on the closing papers so when registered, my name will be on the deed as well, however my husband refused to add my name on the closing documents. My question is: How can I have my name listed in the deed as owner of my home. I am legally married to this man and still reside here? What can I do if he refuses to Quit Claim it to the both of us. What recourse do I have to do it myself?
1 Answer from Attorneys
The lender could allow you to be responsible on the mortgage without your husband putting your interest in the property on the deed. Because the property is located in Michigan, you probably have a dower interest in the property, however, this does not exist until his death. You are not able to put your name on the deed by yourself. You need to have a real estate attorney review all of your documents, the bank's documents, and the title insurance to determine your rights in this case. You may be able to file a "lis pendens" against the property if you have contributed to the support of the property, with the reasonable expectation that your husband would transfer his interest to the two of you on the deed. Further, because you are married to this man, he is not able to sell or mortgage it (legally) without your signature. Don't sign any more papers relevant to this property until you have had YOUR attorney review the documents.
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