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Puzzling question about selling a house


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All,

So my brother just recently sold a house to a couple from Kenya that had a small child.  Supposedly they were married, but a something he told me that was puzzling.  The husband did NOT want his name on the house or associated with the house.   Every house that I have bought and sold had to have my spouse on the title.  I guess I was told my spouse had to be on the title and I was curious on how these people were getting away with the Husband not being on there.

Any ideas?

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spouse often is not on title.  Reasons could be credit,  type of job and potential liability risks etc.  i hold title with my wife on my primary but in an LLC on investments.  We have some loan programs that won't let a spouse on title if they are not on the loan.  i see this often with doctors where they don't want their name on it,  my first place i bought with my old man as a cosigner but last thing he wanted was his name on a property with a college student.  

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1 minute ago, racer254 said:

Good to know.  It still is all considered marital property though, correct?

 

yes and no

 

in the event of a divorce it is a marital asset in most states but someone suing him could not take it because it's not his property

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24 minutes ago, racer254 said:

All,

So my brother just recently sold a house to a couple from Kenya that had a small child.  Supposedly they were married, but a something he told me that was puzzling.  The husband did NOT want his name on the house or associated with the house.   Every house that I have bought and sold had to have my spouse on the title.  I guess I was told my spouse had to be on the title and I was curious on how these people were getting away with the Husband not being on there.

Any ideas?

Is there last name Obama, by chance?  

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1 hour ago, Angry ginger said:

yes and no

 

in the event of a divorce it is a marital asset in most states but someone suing him could not take it because it's not his property

Like an inheritance, it would probably be subject to co-mingled property rules, don’t you think? 

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22 minutes ago, spin_dry said:

Like an inheritance, it would probably be subject to co-mingled property rules, don’t you think? 

Inheritances don't get split in divorces if kept seperate.  Use it to buy a matrimonial home and its game over.  

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54 minutes ago, favoritos said:

It is one to buy and two to sell around here for housing.  Makes for messy divorces sometimes.  One can accumulate the debt.  Both are liable.

Being liable would depend on state law, in general if you did not sign for it your not liable for that debt-    that said the banks getting theirs regardless from one or the other in the case of a mortgage so if the court awards the property to the non borrowing spouse the loan either still gets paid or the homeowner goes.  In many states the spouse would have had to execute documents at the closing so that there is no misunderstanding on that and homestead laws would also come into place in the case of debt not secured against a residence but not all states require non borrowing spouses to sign.  

 

44 minutes ago, spin_dry said:

Like an inheritance, it would probably be subject to co-mingled property rules, don’t you think? 

 asset bought/acquired during the marriage would be co mingled and distributed as marital property for the most part.  there may be some state law exceptions for premarital assets and their growth.  

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7 minutes ago, Angry ginger said:

Being liable would depend on state law, in general if you did not sign for it your not liable for that debt-    that said the banks getting theirs regardless from one or the other in the case of a mortgage so if the court awards the property to the non borrowing spouse the loan either still gets paid or the homeowner goes.  In many states the spouse would have had to execute documents at the closing so that there is no misunderstanding on that and homestead laws would also come into place in the case of debt not secured against a residence but not all states require non borrowing spouses to sign.  

 

 asset bought/acquired during the marriage would be co mingled and distributed as marital property for the most part.  there may be some state law exceptions for premarital assets and their growth.  

Thanks 

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