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Can I keep my house as my sole property even after I get married?

Getting married and I want to keep the house as my sole property and not have my husband on the deed. Is this possible? by TammyOtlund from Boise, Idaho. Jun 14th 2013 Reply


Carlo Sanchez (MortgageLendingPro)
#0 ranked lender in Utah - 1,163 contributions

Your husband won't be ont the deed unless you quick claim him on it. I believe Idaho may be a community property state so check with a title company on that.

Jun 14th 2013
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John Beman (AmFirstLending)
#556 ranked lender in California - 38 contributions

It is absolutely possible. To maintain the seperate ownership and avoid any concerns of comingling (if that is your concern), be sure to keep making the payments from your individual bank account. If the payments are made from a joint account, in some states the other party begins to accrue an interest in the property because their funds (from the joint account) are being used to service the debts on that property. You can also refinance the property without adding your new spouse to the title, it would require that he sign off via a Quitclaim Deed at the time acknowledging no interest in the property.I hope that helps! Good luck in your upcoming marriage!John BemanNMLS# 356203

Jun 14th 2013
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Peter Botros (PeterBotros)
#70 ranked lender in New York - 895 contributions

each state has different community property laws.

Jun 14th 2013
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Elden Lewis (elewis_409_299)
#41 ranked lender in Indiana - 223 contributions

In some states yes and other states no . You need to look into your states laws regarding community property. I suggest you contact a real estate attorney.

Jun 14th 2013
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Peter Botros (PeterBotros)
#70 ranked lender in New York - 895 contributions

each state has different community property laws.

Jun 14th 2013
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

If you purchased the property prior to your marriage, then absolutely.. but you have to keep it sole & separate.. if you make your payments, repairs, or any carrying costs out of a "Joint" account, or shared funds, then it's no longer "Sole & Separate"... .. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Jun 14th 2013
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

If you purchased the property prior to your marriage, then absolutely.. but you have to keep it sole & separate.. if you make your payments, repairs, or any carrying costs out of a "Joint" account, or shared funds, then it's no longer "Sole & Separate"... .. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Jun 14th 2013
2
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

If you purchased the property prior to your marriage, then absolutely.. but you have to keep it sole & separate.. if you make your payments, repairs, or any carrying costs out of a "Joint" account, or shared funds, then it's no longer "Sole & Separate"... .. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Jun 14th 2013
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James Mazzola (Mazzola)
#109 ranked lender in New Jersey - 314 contributions

yes

Jun 14th 2013
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Dave Metsker (DaveMetsker)
#35 ranked lender in Oregon - 2,318 contributions

He should execute a quit claim deed, which releases any claim on ownership he MAY have to you, as your "sole and separate property".

Jun 14th 2013
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Roland Williams (RolandWilliams)
#813 ranked lender in California - 8 contributions

Yes, it is.....Any other questions please contact me @ Roland@secureoncapital.com

Jun 14th 2013
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Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,848 contributions

In a quick search of Idaho law I found "TITLE 32 DOMESTIC RELATIONS CHAPTER 9 HUSBAND AND WIFE -- SEPARATE AND COMMUNITY PROPERTY32-903. Separate property of husband and wife. All property of either the husband or the wife owned by him or her before marriage, and that acquired afterward by either by gift, bequest, devise or descent, or that which either he or she shall acquire with the proceeds of his or her separate property, by way of moneys or other property, shall remain his or her sole and separate property." But in most states... Like here in MN, the second you get married, the other party has a martial right to 50% of the property regardless of anything else you do or attempt.

Jun 15th 2013
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