Title to Real Property

UPDATED: May 18, 2009

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Title to Real Property

I am about to refinance my mortgage and due to my spouses past credit, I have qualified on my own. If he is party to the deed and not the note, could past creditors file a lien on his ownership interest? Is there an advantage to being Tenants by the Entirety or JTWROS? Is it better to not name him on the deed and just have provisions to pass this to him upon death?

Asked on May 18, 2009 under Real Estate Law, Missouri


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

If your husband has property in his name and his creditors find out, they can attached the house up to his interest and foreclose.  If i were you, i would keep the house out of his name.  There is no purpose to having him on the deed becasue in the event you get divorced, you are going to end up having the house considered as marital property that will be divided up or a subject of how assets will be divided.  Plus, you will still get tax deductions on the house for purposes of joint income tax filings.  keep the title out of his name!

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