Does my husband

We are refinancing with our FHA loan. One of their requirements is proof of ownership for 12 months prior to refinancing. I bought the house years ago and the title was solely in my name even after

marriage. Not until 2 weeks ago did our loan officer advise to switch my husband’s name on the title so we could refinance solely in his name he has better credit so we can do some cash out. Does the state allow ownership in relation to marriage even with property acquired after marriage?

Asked on March 30, 2017 under Real Estate Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

PLEASE go and speak with an attorney on this matter.  Property owned prior to a marriage in North Carolina is NOT marital property UNLESS it is "gifted" to the marriage. There are also certain times that a portion can be considered marital under ht elaws in a state if say your husband helped to increase value.  If the mortgage has been being paid with marital funds that could also influence distribution in a divorce. Here you not only want to place his name on it you want to place his name SOLELY on it so please go and seek legal help.  Now.  Do not take the advice of a person who wants to make a deal go through (the loan officer).  They have ulterior motives. 


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