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Adding wife to house title???

Denis

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I would like to get your opinion on this matter:
I bought my house in 2005 (still paying mortgage). My parents back them had some money set aside that was not producing much in the Bank, so they decided to give a “free loan”. They put 50% of the value of the house so that my monthly payment will go down. They told that I will give the money back once I sell the house or I refinance the house.
I got married last September. Before I got married I did a Will where I stayed that if I die a portion of the house will go to my parents since they helped me big time and the rest will go to my wife.

I wife is aware of all this but she has been pushing me to add her name on the title.

What do you guys think?
What is the right thing to do?
 
She is your wife! The right thing to do imo is to add her to the title!!! If something happens to you, your parents are covered for what's owed to them, and your wife will get the rest (which is normal!).

This is my opinion and I cannot be held responsible should you ever divorce, and your wife leaves with everything you own :D
 
I'm not an expert but my guess is it wont make a big difference if she is on the title or not. She will be entitled to a large portion of the house anyway now that you are married.
 
It's up to you, but, I've had a bad experience with people being added to the deed.

It started out when my parents, my sister, and I moved just before I was going into the second grade. My parents didn't like much where we lived before, so we went about 15 miles away, and I was going to get to go to a better school district. We moved into an older brick house, smaller but 2 story and it was on 5 acres of woods and only about 4 minutes from school/town.

My father's parents were getting older and we were the closest family. We had the 5 acres of land (woods) and we were going to split the back off and have them put a modular there, so we could be close and take care of them. Well, we didn't have enough frontage on the street to build back there and the a$$hats on the zoning board wouldn't give a variance because of politics.

So we ended up adding on to our house with a huge great room (kitchen/living/dining room with cathedral ceilings, surround sound built into the ceiling etc...), and building a huge garage (you could fit 7 cars inside), and they added on to that, and we had craeted a huge L shaped duplex connected by the huge garage. One stipluation that was made very clear, and paperwork was signed over it, was that when my fathers parents died, that my dad would not have to sell the house or any property. Their half of the house would become my fathers property, along with our house and the land that we owned anyways. This was in case my grandparents decided to give equal thirds to my father, and his two sisters. They could take anything and everything, other than the house.

Well, my fathers parents names were added to the property deed in case something were to happen to my parents. This went all fine and dandy until one year mom mother opens the property tax bill and finds the name of my fathers parents trust on it instead of theirs. They immediately confronted my fathers parents about it, and he said they could talk to his lawyer. My dad's father is very experienced with the courts, real estate, and lawyers, since at one time aside from being a minister (which I find IRONIC since he's the biggest piece of $H1T I've ever met), he was a full time landlord and owned 46 properties. Somehow he manipulated some paperwork, and signed for my father (They have the same name), and transferred ownership of the property to their trust.

They wouldn't speak about it, and he kept deferring my father to his lawyer. They wouldn't provide very many papers outlining the trust either. Also, the paperwork that he did provide, was blacked out in many areas as you would see on TV shows with government documents where they have areas blacked out. From what my father and his lawyer could tell, the trust said that 1/3 would go to one sister, 1/3 would go to another sister, and the last 1/3 of their estate would go to a church. Nothing to my parents. BASTARD.

Well, as you could imagine, my father did everything he could to figure out exactly what was done, and what could be done legally to fix it. My father is a landlord on the side as well so he does have some experience with this type of thing. He appealed to our local state representative, and he agreed to have his legal team look at the documents and the situation and see what could be done for free. Nothing legally could be done to fix the situation, and whatever my father's dad got away with, he got away with is basically what we were told.

Now, in my father's eyes there were 2 options. One would be to start a lawsuit, which would cost an enormous amount of money, stress on the family in which my mother is already sensitive, and I was still in high school with my sister just starting college, OR option two would be to leave.

He chose to leave, deciding that would be the best option to spare our family the hardship and stresses of a lawsuit with our neghbors, which are also our father's parents. What he basically did, was told his dad that he could either take over payments on his mortgauge and pay my father the equity he had in the house, or my father would let the bank take the house, either way we were leaving. He chose to take over payments and refused to pay any equity to my father.

This whole deal happened in about a week, along with my parents finding a new house and buying it. I was at band camp. Before I left is when they found out about the property taxes, and all I knew when I left what that there was some sort of mistake. The night I got back from band camp, they took me to "look at a house with them". Once I said that I guess if I had to live in it I would (it was 2 bedroom, about 1/2 or less the sq. footage of our previous place, and I'd have to live in the basement for the duration of my Sr. year in high school, after my room at the other house, the last one in the old part of the house to get redone was finished. Also, I had my girlfriend at the time who was an artist airbrush the mountain dew logo on one entire wall in my room, it was sweet. I miss it. I'm sure it's painted over now.) Then they told me that they had already bought it.

The end of that week, we moved completely out, gone in one day. I hand't even packed.

Anyways, sorry, got a little off topic.

The way I see it is YOU bought the house. BEFORE you were married. I know that it's your wife, and you want to trust her, but from what I can find in 2005 the marriage rate was approx 7.5 per 1000 people. The divorce rate was approx 3.6 per 1000 people. So, roughly that's about one divorce per every 2 marriages. You never know. As far as what I can see, the house is yours, and if she's helping pay for it while she's living there with you, that's like her rent. It may be a harsh way of thinking about it, but you gotta protect yourself. If she trusts you, she shouldn't worry about it. It shouldn't be that big of a deal that she's not on there. If she's making it a big deal, I dunno.

Is your name on her car? Please tell me her name isn't on your bike.

If something happens to you, and it's only in your name, your parents are covered for what you owe them, and she'll get the rest anyways, so either way it plays out the same, except if you keep her name off, you're protected.
 
I did this: adding my wife to the title of our home. It's a simple procedure, the attorney filed a quitclaim deed and it was done.

Just like you, we were going through the whole estate-planning process, and the attorney indicated that while I could will her the house should something unfortunate happen at-speed on my FZ6 (see? I brought the thread back on-topic!) it would be much simpler for her psychologically if she just owned it with me now rather than having to go through probate.
 
that's some F-d up shiz that your grandparents pulled on your dad, man. I hope they don't ever speak to each other and he told him to F-k off and maybe got a little vengeance....wow

They're not my "grandparents". They're my father's parents. I don't consider them as family anymore.

He has only talked to them once or twice to tell them to stop sending my sister and I letters. After we moved out they started sending us all the bible beating crap about how we should find the truth ourselves, and not to believe our parents and all this crap and to go to church and crap.

My father is to big of a man to tell them to F-off. He knows that they'll get theirs. Unfortunately he lost so much already, I mean something like 9 years of house payments, along with all the money in adding on, he really doesn't have much to get a good lawyer that would actually allow him to go after him for it, at least to get his equity. Not to mention he had to dip into his 401(k) to put money down on the new house so he could afford to move. His father, on the other hand, has hundreds of thousands sitting in the bank, which makes me wonder why he would even do that in the first place.

Oh and to top it off, my sister is their only "grand daughter", and I am the only male in the family with the last name. I am seriously considering taking my wife's last name if I ever get married.

Oh and after we left, his misplaced a hose, and the neighbors lawnmower threw a rock and broke the outer pane of a double pane window, and a door on the barn out back had some scratches from squirrels trying to get in (I had an ongoing war with the little red ones, getting in everywhere), and he called the Sheriff, and told him it was all me stealing, vandalising, and trying to break in (Uhh I had KEYS), and I had the Sheriff come and visit me at school, asking did I do these things, because obviously he couldn't prove it, and of course I didn't do anything like that, but he gave me a bunch of crap and tried to scare me.
 
I'd also say to consult a lawyer before adding anyone to the deed. It may have a large impact on what happens in the case of an inheritance.

In my area, a lot of old landowners tried to get around 'inheritance' tax by adding their children to the deed. Problem is, the government will usually still nail you for something... I think capital gains on the assessed value, since your partial ownership is now full ownership.

Not sure how that impacts your particular situation... and I'm not sure if it matters. You may be trying too hard to fix a problem that doesn't exist.

If you're married, then your stuff is her stuff. So after the provision in the will is fulfilled, she's going to end up with the rest anyway.

-TK
 
Thanks for all the replies and point of views.
I bought my FZ6 before I was married ;)
I agree that this is an inexistent issue, that’s my personal opinion. If I die, she will be ok. If we divorce, that’s a different deal because I am the sole owner of the house. She knows all this. So, I guess her concern is if we get divorce one day. Then, my question is: where is the trust?
She also thinks that if I don’t put her name on the title then I don’t trust her.
All I know is that I worked my behind off before I knew her to get into that house. I would think she should be glad instead of sad since I am bringing something good to our marriage. It should not be a problem.
 
I got married in 2007, bought the house in 2004 and won't sign it over to both our names. She never even asked. I refused to get married without a prenupt stating simply that if the marriage would ever end, the house would be sold and and any equity in the house would be split between the two of us. I refused to marry without the prenupt because I watched my brother get screwed in divorce and he didn't even own a house. That said, we have a joint account for only household expenses and have our own checking accounts for our personal bills. Advantage though when we move she can get the mortgage in her name as a first time home owner :thumbup:
 
You really should talk to a lawyer versed in your state. I divorced in MA but it did not matter that she was not on the title. Not one bit. It was a stinger in that I had made all of the payments and put her through school (thus she made no payments). While I argued that I would see no benefit from her education asset, they basically took a debt and asset snapshot on the date of the divorce and split it evenly, no-fault stylie (even unvested company options!). It would apply even if you bought the property prior to the marriage. I believe CA is similar.

You may want to bring up a prenup discussion at least to cover the loan to your parents - or figure out how to formalize the loan so that it reduces your real equity in the home in case you should unfortunately divorce. I think a court will probably not recognize that informal loan and your parents would lose too.
 
sound's like you got it covered with the will.I personally would leave it at that.my Dad died unexpectadly and my Mom had to hire a lawyer to get the deed in her name because the state was giving us kid's a share of it automaticaly and she could'nt lease her mineral right's for her natural gas.it was a lot of hassle that could have been avoided with a will.so that being said if you die she will get her part if you divorce she better have a super good lawyer!!!!!! if I was'nt clear im saying dont put her her on the deed!!.. LOL
 
Thanks for all the replies and point of views.
I bought my FZ6 before I was married ;)
I agree that this is an inexistent issue, that’s my personal opinion. If I die, she will be ok. If we divorce, that’s a different deal because I am the sole owner of the house. She knows all this. So, I guess her concern is if we get divorce one day. Then, my question is: where is the trust?
She also thinks that if I don’t put her name on the title then I don’t trust her.
All I know is that I worked my behind off before I knew her to get into that house. I would think she should be glad instead of sad since I am bringing something good to our marriage. It should not be a problem.

I'm a 51 year old physician. I've been married 25 years. I had nothing before I got married. Everything I have was accumulated while married. Even though it was my (very) hard work that brought 90% of the money in I have no issue with everything being 50/50. I even, at one time, for a period of 15 years, purposely took my name off the deed in case I got sued (never did) and someone tried to take my house away from my family (wife and 2 kids) they couldn't. When it came time to put my name back on, after I retired from private practice (with no lawsuits thankfully-can't say the same for my physician friends) my wife didn't hesitate.

However

Yours is a totally different story! You had the house before and your wonderful parents subsidized a large part of it. I'm assuming they are not multi-millionaires and if something happened to you they could use that money back. I believe you have an obligation to protect their interest in the house. Leaving the deed as is, would be the best way to do that. I too, like the above story, have heard too many horror stories from my patients when names go on and off the lease. Let her know this is your parents property, that they are letting you borrow. If she wants you alone then to pay the mortgage then so be it. Put it back on her that if she really loves you then she'll understand your obligation to protect your parents. That you have no problem splitting what is acquired while you are married. God knows my wife has acquired quite a bit that way. But I love her and she has made me a better man and more than helped raise my two beautiful kids. Just one man's opinion. Sorry if I offended anyone because I didn't mean to.
 
I see you are in California. You might want to look into it further but when I lived in Cali it was a community property state. That means without a prenup and sometimes with depending on the attourneys, everything you own is now half hers weather her name is on it or not. If your really concerned about the disposition of your assets or how much she can take (california awards alamony) in case of divorce, you should speak with an attourney that knows all the laws within that state.
 
i put my (now) wife on my bank account the first month we were dating... the way i see it... i may have been dumb.. but maybe it goes to the heart of pure love and trust... if you cant trust your wife to be put on the house... what can you trust her with? we moved in together within 3 weeks of dating.. got engaged withing 8 months of dating.. and married 8 months after that.. it was just one of those situations that you have to let your guard down sometimes... like pre-nuptial agreements are total BS to me.. if your already saying "if we get divorced, you dont get my money" you might as well say "we are getting divorced sooner or later and you wont get my money"
 
like pre-nuptial agreements are total BS to me.. if your already saying "if we get divorced, you dont get my money" you might as well say "we are getting divorced sooner or later and you wont get my money"

Tell that to the millions of men that lost everything to their wives due to laws that were written before 1900. I simply wanted the prenupt to TRY to protect myself in the event my marriage would end. I love my wife, hell I bought her the engagement ring within a few months of being with her, but waited 3-4 years to propose just to make sure we would work out. I just wanted to be smart about it, and not have to move back in with my parents because I can't afford my own place.
 
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