Finding out that your husband has bought a house without you can be so frustrating especially if you have been in a committed relationship for so long. However, your husband might have had his reasons as to why he took that decision. Below we look at some of the reasons why a spouse might opt to buy a house without you.
Table of Contents
- Possible Reasons Why Husband Can Buy House Without You
- My Husband Bought A House Without Me- What To Do
- Can A Married Man Buy A House Without His Wife?
- What If My Name Is Not On The House?
- What Rights Do I Have If My Partner Owns The House?
- Final Words
Possible Reasons Why Husband Can Buy House Without You
Running into conclusions is never a good thing and sometimes the best way to get an honest answer is to always ask your spouse why they made the purchase without you, after all you have the right to know how money is spent in your marriage. If you are someone who might be scared of asking your husband why he bought a house without you then here are a few good explanations that might help you get over it quickly.
- Your husband might have bought a house without you mainly because he wanted to leave you off the mortgage. He didn’t want you to incur any charges in regards to the purchase of the house.
- You might have had a high debt and applying for a mortgage together might have increased your debt to income ratio, thus making it harder for you to get approved for the mortgage or loan application.
- Your husband might want sole ownership of the house, meaning he might not want your name on the tittle deeds for reasons best known to him.
- Your husband might have discovered that you do not meet the documentation requirements to purchase a house thus he did you a favor by doing the whole process on his own.
My Husband Bought A House Without Me- What To Do
If your husband has bought a house without you and you are looking for ways to be included on the title deeds then you have to take a deeper look into the laws in your state. If you are leaving in a community property state then that means the house your husband bought without you belongs to the both of you however, if you leave in a common law state, your husband is the sole owner of the house. Below we take a deeper look at what it means to leave in a community property or common law state.
Common Law State
The majority of the states in the U.S are common law states and the common law states that, any assets acquired during marriage by one spouse do not necessarily have to be split when they divorce and that they remain in the ownership of the person who purchased them. So if your husband buys a house without you and you live in a common law state it means that you do not own any rights to that house. In a common law state, a husband can apply for a mortgage without the approval of the wife and the bank or lender has no right whatsoever to consider the wife’s financial status or credit while determining the eligibility of the husband for the mortgage application. The husband can also choose not to put his wife’s name on the tittle deed. In a common law state a wife can only gain access to a husband’s house that he purchased if she is made to sign a Quitclaim deed.
Community Property State
In a community property state, everything that your husband purchases even without your approval or concern is regarded as “community property”, meaning you will have ownership of it as well. So if your husband buys a house without you and you live in a community property state that means the house belongs to you as well. In a community property state, a husband can apply for a loan or mortgage and leave out the wife however, if he is applying through the Federal Housing Administration or Department of Veterans Affairs it will be a different story. These 2 bodies tend to consider the wife’s debt when a husband is applying for a mortgage. This can be a bit problematic if the wife has a lot of debt as this may reduce the husband’s chances of getting the mortgage. When living in a community property state, it is possible for the husband to gain sole ownership of the house especially if he makes the wife sign a document known as Quitclaim deed when the house is purchased. This relinquishes the wife’s rights to the property.
Examples Of Community Property Law States
- New Mexico
Can A Married Man Buy A House Without His Wife?
Yes, a married man can buy a house without his wife. In common law states if a married man buys a house without his wife and he doesn’t include him on the tittle deeds, it automatically means that the husband is the sole owner of the house. In community property states this is a different case. This is because if a married man buys a house without his wife, the wife still owns the house since any assets acquired during marriage belong to both parties.
What If My Name Is Not On The House?
If your name is not on the house and you live in a community property state, and are married to your husband you shouldn’t really worry about it. This is mainly because in a community property law state, assets acquired during marriage belong to both spouses. So your husband might have not included your name on the tittle deeds in as a way of removing you from the mortgage and protecting you.
What Rights Do I Have If My Partner Owns The House?
Depending on the time in which the property was acquired you may have certain rights. If your partner bought the house before you got married it might mean your rights might be limited however, if your partner bought the house whilst you when in wedlock then you may be able to claim your fair share.
Owning assets within wedlock can be a complicated thing however, you need to check the laws in your state so as to have a clear picture of whether you are entitled to your spouse’s house or not.