Legal Question in Real Estate Law in New York
Name on Deed
My husband bought a house with a mortgage that he says is a special kind. He is self employed and has no proof of his yearly income other then his taxes so they gave him a loan due to his good credit. My credit score isn't high enough yet. My husband says because of the type of loan this is, unless my name is on the mortgage, my name can't go on the deed. I want to know if there are any circumstances that would not allow for the other spouse whose name is not on the mortgage not to be able to put their name on the deed. Is he lying to me about this? This has been causing a very big problem in our marriage. I think he is just trying to keep my name off the deed.
Thank you for any help you can give me concerning this matter.
1 Answer from Attorneys
Re: Name on Deed
Sometimes that is the case. It is up to the lender essentially how they want the deed and mortgage to read since it is their money that the home is being puchased with. There is no "rule' so to speak. If the proceeds, came from your marriage, and you were married at the time of the sale, as a matter of law, you hold an interest in the house.
Good Luck
RRG
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