Joint money? Money is fungible. They are married. Do they split the electricity bill and groceries according to who takes shorter showers and likes bottled water? She needs to be on the the title because it is a CF if he dies. Probate will cost much more than any title fees! |
quoted PP here. If the 340k condo is self-funded, i.e. the rental income covers the mortgage, then I think there's a case to be made that it's just "his" property. ITA with others that things should be clarified in the event that he dies. I am not a T&E lawyer but I assume he can pass the condo onto her in a will. |
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I honestly don't understand the concept of "his property" once you're married. You are a family. What's mine is yours and what's yours is mine....right? It really freaks me out to read these things.
OP made more $ for years, presumably contributing more to the household than her DH. She put her own money into paying off the mortgage on one of the condos. Now she is staying home to raise their child. There should be no mine and yours in this situation. It's alarming that your DH does not accurately recall that you paid off half of one of his condos. Very, very alarming. My office mate was in a similar situation with his ex in a divorce proceeding. He put $20K down on a refi on a property she owned before marriage so they would get a lower rate. When they divorced 15 years later, she claimed the entire asset was hers, and he was granted no % of the equity on it. He could even show the withdrawal from his bank at time of refinance, but she claimed he used that $$ to buy furniture for them. She never put him on the title, and he never thought they'd divorce. |
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I'm in a similar bind, but on the flip side. I own a condo, about half its value is mortgaged and half equity. I also have a car, half equity half still paying off car loan. DH comes to marriage with no vehicle and $13K in credit card debt. Also no liquid savings.
What he does have is a federal pension. He's 20 years in. I have no pension and no retirement savings. We're paying off his cc debt and our own mortgage on the house we just bought jointly. The condo makes a small income as a rental; otherwise it covers its own costs. He wants to be added to the title, but says there's no way to add me to his pension. He says he'll support us both when we're retired, but the condo is my only nest egg and I don't want to give away half of it when I don't have a guarantee I'd have a piece of his pension. Wonder if any of this could be covered by a postnup? |
I'm in a similar flip side situation as well. I owned a house for 10 years prior to marrying DH. We lived in it together fir 4 years and then bought a new home together and each out down equal amount if money for the down payment. The house I owned is now a rental and DH wants to refinance to save money which would mean adding his name to the mortgage. I'm reluctant to do this since it is mynest egg and my parents gave me a chunk of money with which to buy the house. I have some cash from an inheritance that I'm thinking about using to pay off the mortgage and call it a day. The way I see it is that even though DHs name us not on the mortgage, he is still benefitting from the rental income. I know this sounds counter to marriage , but you never know if a marriage will end in divorce and I feel a strong need to protect my nest egg. |
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"He wants to be added to the title, but says there's no way to add me to his pension. He says he'll support us both when we're retired, but the condo is my only nest egg and I don't want to give away half of it when I don't have a guarantee I'd have a piece of his pension. "
You may have spousal rights to his pension that your DH can't deny. Check opm.gov for info. |
That is almost certainly incorrect. If he signs a deed so they now hold his condo as tenants by the entirety (typical of married couples in many states), they are joint owners with right of survivorship and if he dies his share/equity goes to her. |
you should read up on OPM site about feeral pensions. As long as they know he is married youh have a say in the pension. The key is, they need to know you are married. go to OPM.gov and TSP website to se how the retirement and TSP accounts work. |
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I can't believe you paid off the condo without getting your name on the title. Do that now, and demand that you are on the bank account the rental income goes into
, if he "can't remember" u paid it off, go back to your bank records and show him! |
+1000 |
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I am shocked that the mortgage company said okay. Do you actually have the letter authorizing it in and. Absent th letter it is definitely a technical default of your mortgage o be added.
Why not add your name to the bank account sand not the property? |
| Yes, I would. I am on the title, but not mortgage, for our rental condo (that DH had 9 years prior to marriage) and house. I came to the marriage with pretty much nothing, but also no debt (he had school loan). |
| OP, you sound greedy |
If the 340k condo is self-funded, are they accounting all other assets & incomes separately? If self-funded, you can treat it as a CD or bond, then, accruing interest and needing no additional income. Do they share other accounts or is this special somehow? Yes, you can pass through a will but then you must go through probate and pay a lawyer. If she is on the deed, then she files a $20 document with the county and it is hers, immediately and no fuss. Either everything should be in a living trust, or you have joint accounts, beneficiaries, and rights of survivor-ship set appropriately. Otherwise thousands go to lawyers to simply execute you $75 will. |
| I'd be more unhappy being on the mortgage, since he still owes so much. I think that would be a bigger risk, so, no, I wouldn't push it. |