Is the House Half Mine???

You're getting all these serious answers, and all I'm thinking is that if half my house belongs to me, it's the messier side....

Depends on what state you live in. If you live in Missouri, then half of the house *could* be yours if you divorced. It doesn't actually matter who's on the title, it matters where the money came from to buy the house. And it matters what the two of you decide. If you can't make a decision together about splitting up property, the court will decide. Here's a summary of the law:

Missouri is an equitable distribution state, meaning that if the parties can't reach a mutual agreement concerning the division of the marital estate, the court will distribute the property and liabilities in an equitable, but not necessarily equal fashion. The court will take the following factors into consideration when making it's decision:

1. The economic circumstances of each spouse, including the desirability of awarding the family home or the right to live therein for reasonable periods to the spouse having custody of any children.
2. The contribution of each spouse to the acquisition of the marital property, including the contribution of a spouse as homemaker.
3. The conduct of the parties during the marriage.

Property not subject to division is considered separate property, and includes:

1. Property acquired by gift, bequest, devise, or descent.
2. Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent.
3. Property excluded by valid written agreement of the parties.

So basically what all that means is if you used money that you (either or both of you) earned during your marriage to buy the house, then it's probably half yours unless you signed something telling your husband that it's all his. The deed to the house isn't a document YOU signed saying you have no right to the house. So yeah, it's both of yours. If you got divorced the two of you (or a court) would have to decide if it's half yours, 75% yours, or whatever.

WHY did he not put your name on the deed???? Ask him that one. I don't make any money, so my name is not on our mortgage. But it is most definitely on the deed!! Get your name on there, no matter what the law says.

Talk with a lawyer to be sure. Bring the deed and/or mortgage documents with you. Also, if you are considering divorce, each state has different laws about common property and each case can be settled differently in court (if the divorce settlement goes to a court).

If you didnt sign anything then it probably belongs to him.
You are in MO, not sure what the rules are there. Here in CA I had a friend who married a guy that already owned a house, they got a divorce after 12 years and he got the house without a problem.... he never put her on the deed.
She was devastated figuring CA splits everything down the middle-- so we learned it's important to have your name on specific items like cars, boats, trailers and houses.
If your name is on the loan papers for the mortgage, you could be responsible for making payments......but don't qualify to get the house.

Only if you are on the Deed of Trust/Deed, is the house half yours. If you have a mortgage, it is a "Deed of Trust" and you do not have to be a party to the mortgage to be on this document and have an ownership interest in your property. If you do not have a mortgage-your name can be on the Deed. It isn't clear from your question if you were present when your husband took ownership/ownership in trust??? If you are not on the Deed-you should be added-in my state and yours, we/you take ownership with a spouse as "Tenants by the Entirety" and you can be added after settlement. The recorded deed or deed of trust will be available at the courthouse in your county and you can see whose names are on it. All the best!

It depends on the situation and the state you are in.

Are you talking divorce? Is MO a 50/50 state? Was a prenuptial agreement signed? Did you deed the house to him in a separate deed? Is your name on the loan? Do you work and share bank accounts?

Sorry I have more questions than answers, but it was a loaded question.

If your name is not on the deed it is not half yours, legally, tho I think a judge in divorce court can give you half in his judgement.

I would get yourself added.

In a divorce, Missouri splits marital property on an equitable basis so part of the equity in the house is yours. Basically, if the house has a mortgage of $50,000 and a market value of $70,000 then the equity ($20,000) will be split between the spouses based on various factors.

Missouri maintains that spouses are co-owners of property acquired after the marriage (with the exception of inheritance).

If you are married and not planning a divorce you should add your name to the deed even though you are legally a co-owner whether your name is on it or not.

A court might give you half ... but why is your name not on the deed?
It should be. Get it on there.

Well, you are not asking or referring to a divorce so I am assuming you are curious. If anything happens to him, you would be his heir. However, unless there is something different in state law, if the quiot claim he signed at closing indicates his name and married, then his spouse should have survivor rights. My husband is not on our deed. We own with his cousin (huge mistake there but too late for now). I am the only one on mortgage. However, the quit claim was written with my name and my spouse and his cousins name and spouse. If somehting should happen to one on the deed, the spouse would have rights. You could have a quit claim drawn up to add your name to the deed but each state has its own rules and there could be tax or other issues to discuss first.

In answer to some other peoples' questions: he may have not put your name on the house at the moment because of credit. Could have been a lower interest, or lower monthly payments, or easier to get a loan, if his credit is higher. We'd LIKE to have names on everything, but sometimes if things are a little tight, it's just better sense to keep the payments low. For those worried about divorce and you not having the house, the marriage/divorce laws are different for all the different states, so we can't tell you how that'd work. In the state we lived in when my parents divorced, the house was in dad's name. But they bought the house after years of marriage (like you), and so when the divorce happened, it was a 50/50 state so even though the deed wasn't in her name the house was half theirs. They couldn't agree on how that'd go (or anything for that matter) so they sold the house and split the money 50/50. If you live in a 50/50 state (and it's not "family land" or owned before your marriage), then it'd be an asset that would be split in some way. When we were first married, we were broke, in debt, and trying to get a leg up. We did the math of what it'd look like together, in his name only, in my name only when buying the 2 cars and making the downpayment on our first home 26 months later. Both cars are still in his name (too much trouble going to the DMV and changing the titles since he works during their hours, and I don't care----the insurance has my name on it and both cars were bought after we were married). Our first house was in his name only but when we refinanced, my credit was rated "excellent" so we put both names on it. It boosted our "joint" credit scores and we got a lower rate. This house is in both our names because we both have "excellent" credit and it helped our payments/interest to do so.
I DO think that insurance should have both NAMES listed. The only time we ever did anything generic like "child" or "spouse" was when we were listing who beneficiaries on 401(k) stuff: we actually named each other, but for children we wrote "all my children" because I was pregnant with our first but had every intention of having another 1 or 2, but they weren't around to name yet. We changed it to their names once our second was born and he got a vasectomy so we aren't planning on a 3rd. If it bothers you, you could ask your husband to put your name on it; it may have just been innocent: him taking responsibility for the payments and he didn't really think about it when doing the paperwork? I hope all is well with you guys. But really, I doubt a lot of men would buy a house while married if they weren't expecting to share it with their family, ya know?

Your name has to legally appear on the deed. Why did he not put you on the deed? Why just "wife"? Should anything ever happen, you may have a hard time in court or with a judgement.

In CA, it would be half yours since marital funds are paying for it. Don't know about your state.

In most cases, there are two things that matter... the deed and the mortgage paperwork. If you are not on either then legally I do not believe that the house would "automatically" be yours or half yours should something happen.

My aunt and uncle did not put his name on their deed or mortgage for several reasons. He works as an undercover drug detective and he doesn't want people to know where he lives. More importantly, he's more likely to get killed in the line of duty (morbid, I know) and their attorney suggested that everything be in my aunt's name only so that should something happen, nothing would be "frozen". In NY, the person who "owns" the house is ther person whose name is on those two documents.

When we bought our house, it was a better interest rate if I was not on the mortgage, but I wanted to be on the deed. So, I am. Whenever we refinance, I have to be present, as there are papers I need to sign for the deed. Suggest you discuss being added to the deed, if you're feeling uncomfortable with the current situation. I know I would be ... I'd want to know when things are refinanced or a second mortgage is taken ... For the whole family's financial security.

It doesn't matter whether your name is on the deed or not if the house gets sold he has to have your name on the paperwork to sell it if your married. at least thats how it is in illinois. but the other posters are right get your name on there.

If you are married (to each other), live in the property together, then you should have equal rights to the property, EVEN if your name is NOT on the mortgage or title (deed). Of course you MUST check with an attorney to be sure.

There is actually not enough information here to answer. How long you have been married is irrelevant what is relevant is where the funds to buy the house came from. If he brought the funds into the marriage and used them to buy the house then you don't have any claim to any part of the house in a divorce.

If he brought part of the funds into the marriage and the rest was earned during the marriage then half of what was earned during the marriage is yours in a divorce.

In a nutshell only what is earned during the marriage is marital assets. Earned! not inherited, not gifted, earned!! or the result of earnings like interests and the like.

Is your name on the deed?? If not and your still a happy couple...ADD YOUR NAME !!