Friday, December 2, 2011

I am a wife who wants to buy a house without my husband's signature. Can I do so?

I am married. I would like to buy a house in Las Vegas without my husband's signature. I want the house ot be in my name only. It will be my first house. Is it possible to do?|||Sure. Plenty of ways. The answers above suggest some. There is the question, though, about whether he'd own half as community property. You'd have to check with a lawyer.





However--and I'm not a lawyer, so this isn't legal advice--there's at least one way to accomplish the same thing without him being involved at all.





Have the current owner put the property into a land trust. Initially, the seller (the settlor) would be the only owner. Then the settlor would sell you a beneficial interest in the land trust. The documents would also give you the power of direction.





A land trust is personal property, not real estate. And so all or part of the interest in a land trust can be sold to you as personal property.





You could purchase 100% interest in the trust. However, to protect your interest (from your husband, or others), allow the settlor to retain at least a 10% interest. Unlike real estate, personal property can't be divided...so your husband wouldn't be able to split off a part or claim an interest in the trust.





You possibly could do the same thing with an LLC, but a land trust would be much more secure.





More information (on land trusts in general) at http://www.landtrust.net





Hope that helps.|||If you have good credit and have a sufficient income, you can by anything. Some banks prefer that you have a cosigner if you are financing. However, if you have enough for the down payment, your credit is good, and you make at least three times the mortgage payment, then yes, you can buy your own house. But why? Are you thinking about leaving him in the future? If you are, wait until after the divorce to buy the house, or he might take it from you in the settlement.|||You don't have to put your husband's name on it, but depending on the laws in Nevada, it may still be community property.|||You cannot exclude your husband from the marital home, whether or not his name is on the deed.





In ALL states, if the home is purchased as a PRIMARY residence AFTER the marriage, it is marital property....period.





How would you like it if your husband did that to you?|||It is usually possible to do so - however, certain laws would make the property 1/2 his and the responsibility all yours! (that is how it is in Florida - check with the laws in your state)|||Best thing to do is to check with your realtor and/or a real estate attorney's office (or escrow company in NV). They can tell you if you can buy a house and not put him on it.





Basically, you can purchase a home with only your name on the Loan (Mortgage), however, many states require a spouse to be on title as they are community property or marital states. In those states, you can purchase a home alone, but you can't refinance or sell without your spouses signature.





I know about 17 states laws, but unfortunately, NV is not one of them.





Of course, all of this is contingent on your credit worthiness, etc and that you have the assets, income and job history to purchase, but I am for the purpose of your question, assuming that you are.





Good luck.|||It sounds like your up to something!! You can buy all the homes you want in your name, but you can not sell them without your husband's signature.|||Yes. The title company will want him to sign that he will not be a co-owner. Address that with a local title company before you start the process.


You can skip the title company and just have the home seller sign a deed to you in front of a notary. You will have to pay cash to make that work. Not many people are that brave but it is legal..

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