Can my separated wife claim my inheritance?
Broadly, any inheritance received after separation will not be subject to division PROVIDED that the parties have formalised their settlement by way of either a Consent Order, Court Order or Binding Financial Agreement.
Can I buy a house if I'm married but separated?
Buying a home while legally married but separated from your former spouse is certainly possible, but there's some extra documentation needed and things to be aware of. First, your lender is going to require your legal separation agreement. If you have a property settlement agreement, they'll need that as well.
Can a married couple buy a house in only one person name?
One name on the property title but two on the mortgage A couple's home can be in just one name. A couple's investment property can sometimes be in just one name. Your business can borrow against a home owned by your partner. You can't borrow against a property owned by someone unrelated, except with a guarantor loan.
What happens if my husband died and I'm not on the mortgage?
If there is no co-owner on your mortgage, the assets in your estate can be used to pay the outstanding amount of your mortgage. If there are not enough assets in your estate to cover the remaining balance, your surviving spouse may take over mortgage payments.
Can I buy a house if my spouse has bad credit?
Buying a home is the American dream for many couples, but unless you're able to pay in cash, you'll likely have to take out a mortgage. If your spouse has bad credit, you might still be able to buy a house, but it might take some extra work and considerations in order to qualify for the mortgage loan.
Does my spouse have to be on the mortgage?
This means that you're not required to share ownership of property you acquire while you're married. In a common-law state, you can apply for a mortgage without your spouse. Your lender won't be able to consider your spouse's financial circumstances or credit while determining your eligibility.
What happens if my husband dies and the mortgage is in his name?
If the mortgage had a due on sale clause (most do), then the lender can foreclose when your spouse dies. Since the surviving spouse inherited the house from your spouse, you may be eligible to assume the mortgage under federal law. Alternatively, you may be able to refinance the mortgage.
How can I get my husband off the mortgage without refinancing?
You usually do this by filing a quitclaim deed, in which your ex-spouse gives up all rights to the property. Your ex should sign the quitclaim deed in front of a notary. One this document is notarized, you file it with the county. This publicly removes the former partner's name from the property deed and the mortgage.
Which spouse's credit score is used for mortgage?
Lenders collect credit scores for both spouses from the three credit bureaus, then focus on the median score for each spouse. The lower of those two scores determines the rate and terms of the loan, says Brad Sherman, a loan officer with Nationwide Mortgage Services, in Rockville, Md.
