How can I get my name on the deed to our home?

My husband and I got married 9 years ago and we then purchased a home 2 months later. The

mortgage is in his name only and I am not on the deed. He left me a year and a half ago I don’t know where he is. I pay the mortgage and I want my name on the deed but I don’t know how to go about it.

Asked on March 10, 2018 under Real Estate Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't get your name on the deed unless you divorce him and in the divorce, the court orders the home given to you. You have no property right to the home: you are not an owner of it, you are not even on the mortgage, and making payments towards the mortgage (or paying utilities, maintenance, etc.) does not give you any right to or interest in property--you can pay those things simply to be able to live there or to help a family member, and paying them doesn't make you an owner (which is what being on the deed would make you). But as a wife, you have an interest based on your marriage (in family, not property law) on assets, like the home, acquired during marrriage. So in a divorce, you could possibly be awarded the home or at least a share of its value. You need to speak to a family law attorney about your options.
If he passes away while you are married, you will likely inherit the home.


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