I (28 F) am currently purchasing a new construction home, and the mortgage and loan are completely under my name, as I am the only one qualifying for it and am financially responsible. My husband (32M) could not be added to the application or loan due to bad credit. If he were to be included on the loan, we would not have qualified.
My husband and I have had some tough times over the last few years, and because of this, I am having a difficult time considering putting him on the title of the house. He is not helping me acquire this house, as he is not helping with the down payment, loan, or closing costs, and I would still be fully responsible if something were to go wrong.
I am fully responsible, but he is insisting that I put him on the title, saying that financial responsibility should not be the only factor in home ownership.
I am not trying to be vindictive or assume that things will go wrong, but I also do not want to be foolish or unrealistic, especially considering how things have been going with my husband lately. Part of me thinks that when you are married, you automatically share things, but another part of me does not feel comfortable putting his name on something he did not contribute to acheiving.
So… WIBTA for not putting my husband on the title of a house that I’m buying on my own?
Oh hell no. I’d speak to an attorney to ensure he can’t force you to sell or get half if you divorce.
Nta, but. Does it matter? Are you using some form of non-marital money to fully pay for the house? If you are using your salary or other marital funds, and you split, it’s half his house anyways in most places. Unless you are using inheritance or premarital assets. Even then. He’s eventually going to contribute to upkeep probably.
YTA to yourself if you think not putting him on the loan or title means he gets nothing if you split.
Everything done during the marriage by either spouse or both spouses belongs to the marriage equally. If you buy the house today, only your name on the title and mortgage, only you make payments, he still gets half if you divorce next year.
The only way to avoid this is with a post nuptial agreement.
Exactly what I was gonna say. The instant she signs the paperwork, that house is community property. Judging by the picture she’s painted of him, he’ll definitely be coming after his “fair share” of the profit if they divorce and sell.
Yeah best to wait till the divorce to buy the house. Post-nuptials could potentially save her here but unlikely the husband would go along with it or be even more upset about even asking.
OP please look into your state’s (or area if outside of US) laws on communal property. It’s super unlikely the house isn’t half his no matter what.
A post-nup could cover an investment property, but it would be damn near impossible to have a marital home that isn’t a marital asset. Even if he doesn’t contribute financially
Same is if he acquires debt during their marriage, belongs to both. It’s crappy.
Not really crappy. More like a system that far too many people fail to take the time to understand before they say “I do”. To a degree, it’s like a group project in school. You all get equal credit regardless of who does the work. I get it because I’ve been married for 30 years and recognize that even though I’m the only one earning money these days, I still wouldn’t have gotten to where I am without my wife. Even if her efforts didn’t bring in an income, they made my income possible so she deserves an equal share.
FWIW, in the US and other locales, whose name is on the deed isn’t an issue if you purchase a home during a marriage. It will be, presumably by the courts, seen as a marital asset. It might impact inheritability I suppose.
Should you use money from an inheritance, sometimes that will be factored in during a divorce.
Unless you have a prenup or postnup, your husband will own part of the marital home, regardless of your financing and the name placed on the deed (title).
There are absolutely real estate lawyers out there if you want to ask someone about the applicable laws. Paying for a quick consult could save you headaches down the line.
NTA. Absolutely do NOT do this. In fact, if you want to move forward with both the marriage and the house, get yourself straight to an attorney and have a post-nuptial agreement drawn up!
Ordinarily I’d say the one not providing a penny doesn’t get their name on it, but it’s complicated as you’re married. I’d probably consult an attorney, maybe a post-nup agreement is in order? Or if things aren’t going well, you might want to speed up your decision on that.
He’ll own half of that property regardless lol
Depending on where you are, he probably owns half the minute you do, unless there’s some paperwork saying otherwise. Be careful!
Talk to an attorney.