Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 2 months ago

What happens if you contributed to down payment and mortgage but no name on the deed? ?

Do you get anything, or money reimbursed if you divorce. After having contributed to down payment and mortgage? If your name is not on the deed? 

11 Answers

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  • Judy
    Lv 7
    2 months ago

    Legally, you don't own any part of it. But whatever is in the divorce agreement is what rules, so be sure your lawyer is aware of the situation.

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  • 2 months ago

    What you get depends on what state you are in, etc. In a legal sense, those not on deed have no ownership interest, except in community property states if the property was purchased during the marriage.

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  • 2 months ago

    If you are not yet married, you will be a fool to contribute any money toward down payment and mortgage. Unmarried people are, by law, mere roommates. You are nothing more than a rent paying tenant.

    If you are married, and in case of divorce, your marital assets will be divided according to the laws in your state, and yes the house is then a marital asset no matter whose name is on the deed.

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  • 2 months ago

    if you were married at that time or the house was bought to be the marital home (ie the month before), you may still have legal rights.

    laws vary by state/country

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  • 2 months ago

    Depends somewhat on the laws in your state, but it is considered a marital asset I would think which means yes, you get your share. Best to talk to a lawyer however.

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  • 2 months ago

    Generally, you get whatever the person(s) whose name(s) are on the deed feel like giving you. If you are not on the deed, you have zero legal claim to ownership.

    In the case of divorce, it can be different. In a community property state, if the property was acquired during the marriage, it's community property; doesn't matter what the deed says. And in non-community property states, anything is negotiable in a divorce.

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  • 2 months ago

    If your name is not on the deed then you typically have no ownership interest in the place.  You may, regardless, have an ownership interest simply by virtue of the fact that you were married to the owner but unfortunately the laws on this vary greatly from state to state so no way to answer this question without knowing what state you are in.  

    Some state may require you to get reimbursed for money you put in (that you can prove) while others may state you get nothing (you paid the money for use of the property, nothing more) and others may say you are fully part owner of the place by simply virtue of the fact that you were married to the person on the deed, regardless of whether you put money into the place or not.

    You need a good lawyer if you don't have one already, and they should be able to guide you in what you are owed.

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  • Eva
    Lv 7
    2 months ago

    You can if you have proof of what you contributed. You need a good lawyer.

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  • Maxi
    Lv 7
    2 months ago

    The mortgage and the property deeds are two differnt things.......... your name on the mortgage loan means you are responsible to pay the loan, you put money down as a deposit is a gift to the person whose name the property belongs to............ what happens if you are married to the person who owns the house ( name on deeds) will depend on the laws where you live

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  • John
    Lv 5
    2 months ago

    It has to be in writing, word of mouth means nothing in court. You are SOL.

    • Mike
      Lv 7
      2 months agoReport

      The situation described is a common one. If the spouse not in title can prove her financial contributions (I say her on purpose because it usually is the wife) the court will considers that in its distribution of marital property.

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