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Home Buying and Name Change Issue

We recently just bought a house, under my name as his credit wasn't good enough. We started the process 2 months before we got married and after our marriage we lost financing because our marriage license didn't come in on time to lock into the interest rate before potential closing. Due to the fact that we had begun the process before our marriage, I opted to wait to change my name until after we closed to make things smoother.

I switched lenders, to a guy I had briefly spoken to before deciding on the other lender, and he got us approved. He also listed me as a single woman for everything, even though he knew I am married. We did have to fill out some paperwork for my husband; he's on the bank account so we had him sign a letter stating that I have full access to funds. I just got the deed to the house and am now going through the name change process and worried this will all blow up in my face, seeing as the marriage license will obviously show that I've been married since May.

I do have one email from myself to the lender that stated that I did get married. Everything else pertaining to the situation was via phone conversation, as I had asked if he needed my marriage license and he told me it was best to leave everything as it was when he started the process in March and to just change my name after we close. Also, both realtors knew I was married and never said anything about the paperwork listing me as a single woman. Is there anyone that has been through anything similar or that just knows if this will negatively impact me?

Re: Home Buying and Name Change Issue

  • I think it could. I bought my house from a guy who was married, but it was his house before the marriage and was in his name only.  When we got to the closing, all the paperwork was done in his name, as 'a single person' (phrased that way in the paperwork). We had to sit and wait for the title company to go back and redo all the contracts so they stated his name as the owner, plus his wife's name and the fact that they were married, even though her only rights to the house were through the marriage. When we signed everything, she had to sign as well, even though her name wasn't on the title or mortgage, just because they were married. They viewed it as the couple were selling, not just the legal homeowner. So, I'd probably try to get your answers from either a real estate attorney or the title company. I would imagine it would work the same from the buyer's end.
  • This all seems crazy to me, and I don't think I've ever heard of it.  No one asked me if I was single or married when I bought my last 2 houses.  They just ran a credit check to find out how much I could get a mortgage for and then put those names on the title (ex. my Dad co-signed my first mortgage, so was on the title even though he never made payments).  When I sold that one, we both had to sign paperwork, since we were both on the title.  Nothing about my DH, cos he wasn't on the title.  He still owns his old house, which we rent, and we he sells that one, I'll have nothing to do with that either.  It doesn't make sense to me, but I suppose I live with different mortgage laws??

  • My bad, it comes from my time living in England where "cos" is the common use.  

  • @WinstonsGirl - it wasn't an issue ever until it came time to sign the papers at the closing. None of us knew he was married either. They had different last names and neither of them ever mentioned that they were married.  I think it was mainly in the verbiage, and making sure that the wife was in agreement to sell, even though it technically wasn't her house.  I guess the whole issue of joint/community property in marriage or something.
  • If you've already closed and have the deed, are you worried about immediate issues or resale?  If everything has gone through, then I don't think you have anything to worry about right now.
  • Did you close on the house?  If yes, you are fine.  I purchased my house prior to marrying H.  After we married, I had my deed changed to my new last name and adding him on to it, all at once.  I was going to add H to the mortgage, but it was going to cost $400-900 according to my lender.  So I said no, leave it as is, just update my last name.  Also, don't forget to add your H's name to your home owners insurance.
  • I'm glad you brought this up. Generally speaking real estate laws vary widely by state. OP, you didn't mention a lawyer at all. In IL where I am, a lawyer handles the vast majority of the transaction after the offer is accepted. I would have thought a lawyer would have figured out all that madness.

    I'd advise anyone in this kind of situation, regardless of state law, to consult a lawyer.  Because my fiance and I both need to unload property and who knows if it'll happen prior to or after our wedding, I'm seriously considering just waiting to change my name until after my place sells. We don't believe IL is a state in which we'll automatically have "community property" after we get married but we have to investigate more.  
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  • I'm glad you brought this up. Generally speaking real estate laws vary widely by state. OP, you didn't mention a lawyer at all. In IL where I am, a lawyer handles the vast majority of the transaction after the offer is accepted. I would have thought a lawyer would have figured out all that madness.

    I'd advise anyone in this kind of situation, regardless of state law, to consult a lawyer.  Because my fiance and I both need to unload property and who knows if it'll happen prior to or after our wedding, I'm seriously considering just waiting to change my name until after my place sells. We don't believe IL is a state in which we'll automatically have "community property" after we get married but we have to investigate more.  

    This. We had a lawyer handle all our real estate needs before and after we married as we own several properties and some are sole and separate property and some are a part of community property. However, as pps said, it varies by state. All the more reason to hire a professional to assist.

     







  • @cap816

    really, why did that bother you so much you had to correct her!?  Who knew we had to be grammatically correct on the knot now. 
    image

    Anniversary
  • cap816 said:
    erinlin25 said:
    @cap816

    really, why did that bother you so much you had to correct her!?  Who knew we had to be grammatically correct on the knot now. 
    erinlin25?!  Haven't you seen the countless corrections of "aisle" or "altar" or even "your" and "you're?"  This is no different.

    Also, why did my post bother you so much that you had to respond?  A little contradictory, don't you think?
    @Erinlin25 has been around for a long time now.  And there is a difference between grammatical or spelling errors (isle versus aisle for example) and words that are spelled differently in other parts of the world.  I also spell colour, favourite and neighbour(hood) differently than everyone in the US, but that doesn't make it incorrect spelling or grammar wise.  This is an International board and occasional words are spelled and used differently than in the US.  I also use other British terms often that I tend to not use here since they won't be understood as well.  You may not be used to them but it doesn't mean they're wrong.   

  • I meant to respond to this sooner but got stuck working OT a few days this week. I was worried about immediate issues; them questioning why it said I was single when in reality I was married once I send my name change info in to my lender. As far as I've found out, it's common practice for lenders not to change a person's marital status if they get married after the loan process has started.

    I'm in WA and they don't require lawyers to close and we're a community property state.
  • @awolkenhauer But you closed on your house, right?  As long as you pay your mortgage on time every month, I don't think they will care what your marital status was before or after purchasing the house.
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