If a husband owns 2 homes shouldn’t the wife also be on the deeds?

My name is not on either deed that my husband owns. One house was purchased by him prior to our marriage, the other was purchased after our marriage. I am afraid because my name is not on either deed. I make $25,000 per year and he makes $100,000. He doesn’t think I should be on the deeds when I am not on the mortgages. I am worried about this because I don’t think I would have any rights if he died or divorced me. Am I right? Shouldn’t I be on the deeds? We’ve been married 3.5 years, and together for 10 years.

Asked on September 20, 2011 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Your request to be placed on title to both homes is a reasonable one since you are his wife. With respect to the first home acquired before you were married to him, since it was acquired before your marriage, it technically is not a community property asset. However, if monies earned during your marriage are used to service any mortgage on this home, pay insurance, pay property taxes and the like, you possibly could have a quasi-community property interest in it.

As to the second home acquired during your marriage, if community money was used to acquire it, service its debt load, pay property taxes, pay insurance and the like, you have a community interest in this second home.

You need to sit down with your husband and ask him why you are not on the title to the second home acquiredduring your marriage and see what his explanation is. When that is done, ask him about the first.

Good luck.


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