The most prestigious law school admissions discussion board in the world.
|
 |
 
|
Finance Bros: Explain Deed In Husband's Name & Mortgage Under Both H & W
Poast new message in this thread
Date: January 1st, 2026 1:29 PM Author: ...,,..;...,,..,..,...,,,;.., jew couple i know what is recently married. looked at the pub records. they bought a house and the deed is in the husband's name only. but the mortgage is in both their names.
for better or worse, i assume the deed is in his name bc his parents helped him with the down payment.
why she be on the mortgage tho? is this something the lenders require for a married couple? is he fucking her over? why would the bank even allow a debtor to NOT be on the deed? |
Date: January 1st, 2026 2:00 PM Author: Judas Jones lol, I hope he's jewing her on this. (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49554308) |
 |
Date: January 1st, 2026 2:04 PM Author: ...,,..;...,,..,..,...,,,;.., im trying to figure out how. she has a baby and "works" 10 hrs a week at a minimum wage jewish job. it's not like she's paying off the mortgage with her income (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49554328) |
|
Date: January 1st, 2026 2:05 PM Author: Marshall W. Waller How do you know the mortgage is in both their names? (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49554335) |
|
Date: January 1st, 2026 2:07 PM Author: ...,,..;...,,..,..,...,,,;.., in their county (in most counties/states too?), mortgages are public record and are searchable online. one can get a pdf of the promissory note (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49554347) |
|
Date: January 1st, 2026 2:21 PM Author: Marshall W. Waller Definitely unusual. It’s probably pre-nup or estate planning reasons. It would make sense if she is much more wealthy than him and he gets the house in a divorce. Also could be the reverse if she has creditors but income necessary to qualify for the loan. (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49554406) |
|
Date: January 1st, 2026 2:05 PM Author: Marshall W. Waller lol, my ex-wife was on the deed and not the mortgage (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49554343) |
|
Date: January 1st, 2026 2:25 PM Author: woah (hitler did nothing wrong) Did he own before the wedding? Same sitch for me, bought before I met my wife and her name got on the mortgage when we refinanced during covid. (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49554418) |
|
Date: January 1st, 2026 2:28 PM Author: ...,,..;...,,..,..,...,,,;.., nope, purchased after the marriage. this isnt a refi - original mortgage.
even for a refi, not sure why would the lender allow this |
|
Date: January 1st, 2026 2:53 PM Author: Ass Sunstein What's the downside to the lender for having the wife's name on the mortgage? They have one more person they can go after to get paid. (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49554516) |
|
Date: January 1st, 2026 2:58 PM Author: ...,,..;...,,..,..,...,,,;.., good point. i'm trying to see the other side. maybe it's harder to foreclose on the property if neither pay and she's not on the property? i dunno (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49554526) |
|
Date: January 1st, 2026 6:46 PM Author: OldHLSDude If she doesn't have a marital interest (see below) the loan to her seems unsecured and could be discharged in bankruptcy. (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49555014) |
|
Date: January 1st, 2026 7:34 PM Author: KidRock32X aren’t most mortgages non-recourse anyway? it seems to me her being a party to the mortgage protects the bank againat her claiming a marital interest in the property that is potentially competitive with the bank’s interest, especially when factoring in tenant’s rights. (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49555112) |
|
Date: January 2nd, 2026 12:36 AM Author: OldHLSDude Residential mortgages are only non-recourse by law in about 12 states. Of course there are other details, but in general. (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49555677) |
|
Date: January 1st, 2026 6:44 PM Author: OldHLSDude This can happen, but I'm guessing most banks would not go along with it. I suppose if you're a private banking client and they intend it to be a portfolio loan they might allow it. Husband owns the house and wife is in the position of being a co-signer on the note. She can be liable without having any ownership interest in the house. HOWEVER, in most states, whether community property or not, she, as spouse, will have a marital interest in the house. So unless it's a weird state, or she has signed a dower waiver or quit claimed it to the husband, or there is an enforceable pre-nup, she will own part of the house anyway. If I were a buyer I would not want to take title until I had her signature or otherwise got an iron clad assurance she didn't own part of it. Belt and suspenders requires a transfer document of whatever interest she may have, typically a quit claim at least. If she has already quit claimed it to husband or waived dower that is probably enough unless there is reason to suspect monkey business. (http://www.autoadmit.com/thread.php?thread_id=5816054&forum_id=2!#49555009) |
|
Date: January 2nd, 2026 12:59 AM Author: ........,,,,,,......,.,.,.,,,,,,,,,, This makes perfect sense. It's possible the state lets the couple take title however they want - seems like they wanted just the husband on the deed.
But lender isn't going to fork over $500,000 or whatever to the husband, knowing that under certain laws, the wife probably has certain rights to the property. So they make the husband and wife both sign the mortgage stating they'll relinquish all their interests in the house if the loan is not paid.
I believe my wife is on our deed, but she is NOT on our note. The bank only underwrote me as the borrower, so I'm the only one who signed the note promissing to repay the loan (the note is what obligates you to repay the bank). My wife however did have to sign the mortgage (the mortgage gives the bank the right to foreclose on the property if you dont pay the note). It's a pretty good gig for her obviously - but that's just how the law works in my state. |