Can my husband add my name to a house he purchased prior to our wedding?

Question

I got married 2 years ago and just recently found out from my husband that my name is not on the house that we live in. He purchased the house in the state of Georgia months before our wedding. He said that in the state of Georgia there is a clause in the real estate market to which he cannot add my name on the house. Is this true?

Answer 1

I’ve never heard of such a clause.  Although if there is a mortgage on the home, technically the lender can call the loan due in full if he adds a name to the title, but normally they don't care as long his name also remains on the title and the payments are being made.

But honestly, if I purchased a home BEFORE I got married, and I did it entirely with MY money, I wouldn’t add a name either.  That leaves him in a very vulnerable position should you ever divorce (and the divorce rate is sky-high).  Plus, if there’s a mortgage, him adding your name to the title gives you a legal interest in the property with NO legal obligation to make the payment (because it doesn’t add your name to the mortgage).  That’s yet another reason not to add your name.  But, if refinancing would save you money (ie a lower interest rate), you might suggest that you refinance in both names (that would put your name on the title and the mortgage).

Now, I can understand that if you’re helping to make the mortgage payments you feel like you should be entitled to something.

In most states, if you get divorced and the house was your martial home and you used martial funds to make the payments, then the court considers the increase in the value of the property to be a martial asset (even if your name isn’t on the title and it was purchased before the marriage).  So if the home was worth $100,000 when you married and you get divorced and it’s worth $150,000 then you would be entitled to half of the $50,000 increase in the value.  You should talk to a GA attorney (many will give a free initial consultation) to verify if this would be the case in GA (I’m pretty sure it would be, but I can’t say with absolute certainty).

  

Answer 2

Possible.  If he has a mortgage, the lender may require that the deed be in the name of the person who originally took out the mortgage.  This is the case in my state.

However, this doesn't mean you have no claim on the property. Even though your name isn't on the mortgage, you may still have some rights due to the fact that this is a marital home you share with your husband.  

I recommend talking to a lawyer in your state.

Answer 3

He can add anyone's name he wants, but technically it is not a marital asset as you did not purchase it together.

He is trying to avoid getting your name on it, and preventing you from ownership in the event of a divorce.

Answer 4

You need to contact a Real Estate Attorney in Georgia.  I am not sure, but I have never heard of such a law.  He should be able to add your name to it, but not to take your name off without your permission.  I am guessing, however.

At the very least, he would be able to will it to you, in the event of his death.

If it is not the house of your dreams, I would try to talk him into selling it and upgrading to something that is more what you both want.  It is very hard for a couple to live in the house that one or the other lived in prior to the marriage.  The reason being that the person owing the house will want to have every decison of change run by him, and there is no room for inspiration, if he like things the way the are now.