Comments
Darren Porter wrote:
Try this one on, how about just going to another title company? Honestly you did the correct thing in coming to this forum for a legal opinion. Anyone at a title company besides a licensed attorney who gives you legal advice on how to prepare or execute document is practicing law without a license. Purchasing or Mortgaging a home is a major decision and should not be taken lightly. (Unfortunately in this day & age everyone wants the 15min. closing) In the future always request your closing documents at least 3 days in advance of your anticipated closing. Then spend the extra money to have a licensed attorney review them.
Your scenario is considered in the real estate business as a Purchase with a Purchase money mortgage. Either a married man or a married woman can purchase a home in MI. without the spouse signing the mortgage. In either case when they attempt to refinance that original purchase money mortgage and every refinance after that the spouse is required by the State of Michigan to sign the mortgage instrument. (They do not have to sign the NOTE) A wife's dower interest would then attach. A husband does not have dower in MI. however both have homestead rights.
Your scenario is considered in the real estate business as a Purchase with a Purchase money mortgage. Either a married man or a married woman can purchase a home in MI. without the spouse signing the mortgage. In either case when they attempt to refinance that original purchase money mortgage and every refinance after that the spouse is required by the State of Michigan to sign the mortgage instrument. (They do not have to sign the NOTE) A wife's dower interest would then attach. A husband does not have dower in MI. however both have homestead rights.
04/12 00:15:29
refadmin wrote:
Typically creditors can come after any asset of the debtor. In your case, the house is the real property of both yourself and your husband and therefore, creditors of either of you may attach that property. Your responsibility on the mortgage does not save the property from being attached by creditors of the deed owners, to wit your husband and yourself. Creditors cannot attach property that is not titled in the debtors name. Therefore, if the real property was not in your husband's name, his creditors could not attach the property. Transferring the property away from your husband at this time, could be viewed as a fraudulent transfer.
24/11 19:11:34
BellaBlue wrote:
I am wondering what the law states for the following situation:
Husband and wife own house, mortgage only in womans name but title in both. Husband owes arrearage for Child support (significant amount). Can they come after the house as real property since both are on the title? And would it make a difference if he waasn't on the title? Husband has been unemployed for some time on and off and does not contribute much.
Husband and wife own house, mortgage only in womans name but title in both. Husband owes arrearage for Child support (significant amount). Can they come after the house as real property since both are on the title? And would it make a difference if he waasn't on the title? Husband has been unemployed for some time on and off and does not contribute much.
24/11 18:55:44
refadmin wrote:
Dear Nic D C:
It is common that one of the spouse's in a marriage will not have the credit to procure a loan for a house. In those situations, the spouse with credit will obtain the mortgage and the property will be transferred into that spouse's name alone. After the fact, the spouse with credit, for example the husband, can then transfer title via a Quit Claim Deed from the husband alone, to the husband and wife. Then, the wife will have a claim to the property but it will be second to the mortgage company's claim.
If the spouse is not on the deed, then it is more difficult for that spouse to make a claim to the property. However, it still can be done with the spouse omitted claiming their share from the marital estate, one way or the other.
Sincerely,
Renee C. Walsh
Refadmin Lawref
It is common that one of the spouse's in a marriage will not have the credit to procure a loan for a house. In those situations, the spouse with credit will obtain the mortgage and the property will be transferred into that spouse's name alone. After the fact, the spouse with credit, for example the husband, can then transfer title via a Quit Claim Deed from the husband alone, to the husband and wife. Then, the wife will have a claim to the property but it will be second to the mortgage company's claim.
If the spouse is not on the deed, then it is more difficult for that spouse to make a claim to the property. However, it still can be done with the spouse omitted claiming their share from the marital estate, one way or the other.
Sincerely,
Renee C. Walsh
Refadmin Lawref
11/11 20:51:47
Nic D C wrote:
Why can't legal explanations be written in "plain English" for the general public to understand, rather than requiring a law degree to try and interpret them??? Please explain the situation in plain terms; if a married couple buys a house. The mortgage is taken out in the man's name only, as the wife does not have enough credit history to allow her to be considered for a joint mortgage. Is the title of the property to be considered as joint, or would the house title also solely have to go into the husband's name? Would the wife stand any sort of claim to the property if, for example the husband separated or died?
11/11 18:58:46
refadmin wrote:
Tennessee statutory law on this issue provides:
Tennessee code, 66-5-103 speaks to the form of conveyances as follows:
The following or other equivalent forms, varied to suit the precise state of facts, are sufficient for the purposes contemplated, without further circumlocution:
(1) (A) For a deed in fee with general warranty: I hereby convey to A. B. the following tract of land (describing it), and I warrant the title against all persons whomsoever;
(B) Covenants of seisin, possession, and special warranty: I covenant that I am seized and possessed of this land, and have a right to convey it, and I warrant the title against all persons claiming under me;
(4) For a deed of trust: For the purpose of securing to A. B. a note of this date, due at twelve (12) months, with interest from date (or as the case may be), I hereby convey to C. D., in trust, the following property (describing it). And if the note is not paid at maturity, I hereby authorize C. D. to sell the property herein conveyed (stating the manner, place of sale, notice, etc.), to execute a deed to the purchaser, to pay off the amount herein secured, with interest and costs, and to hold the remainder subject to my order.
If there were some restriction on husband and wife, this seems like an appropriate section or even any of the following: (There is even a chapter specifically titled "power to own and convey property" and its not in there.)
66-5-101. Grants or devises passing full estate.
Every grant or devise of real estate, or any interest therein, shall pass all the estate or interest of the grantor or devisor, unless the intent to pass a less estate or interest shall appear by express terms, or be necessarily implied in the terms of the instrument.
66-1-109. Estate by entireties created by direct conveyance.
Any married person owning property or any interest therein in such person's own name, desiring to convert such person's interest in such property into an estate by the entireties with such person's spouse, may do so by direct conveyance to such spouse by an instrument of conveyance which shall provide that it is the grantor's intention by such instrument to create an estate by the entireties in and to the entire interest in the property previously held by the grantor.
66-1-110. Conveyance to spouse of interest in entirety.
Where property is held by husband and wife as tenants by the entirety, either spouse may by direct conveyance of such spouse's interest in the property vest the other spouse with title to the property in fee simple.
I found no code that requires that the property be held by tenants by the entireties. I would think that f there were such a section, the legislature would not have the language of 66-1-110 as it would be so contradictory and would cause confusion.
Tennessee code, 66-5-103 speaks to the form of conveyances as follows:
The following or other equivalent forms, varied to suit the precise state of facts, are sufficient for the purposes contemplated, without further circumlocution:
(1) (A) For a deed in fee with general warranty: I hereby convey to A. B. the following tract of land (describing it), and I warrant the title against all persons whomsoever;
(B) Covenants of seisin, possession, and special warranty: I covenant that I am seized and possessed of this land, and have a right to convey it, and I warrant the title against all persons claiming under me;
(4) For a deed of trust: For the purpose of securing to A. B. a note of this date, due at twelve (12) months, with interest from date (or as the case may be), I hereby convey to C. D., in trust, the following property (describing it). And if the note is not paid at maturity, I hereby authorize C. D. to sell the property herein conveyed (stating the manner, place of sale, notice, etc.), to execute a deed to the purchaser, to pay off the amount herein secured, with interest and costs, and to hold the remainder subject to my order.
If there were some restriction on husband and wife, this seems like an appropriate section or even any of the following: (There is even a chapter specifically titled "power to own and convey property" and its not in there.)
66-5-101. Grants or devises passing full estate.
Every grant or devise of real estate, or any interest therein, shall pass all the estate or interest of the grantor or devisor, unless the intent to pass a less estate or interest shall appear by express terms, or be necessarily implied in the terms of the instrument.
66-1-109. Estate by entireties created by direct conveyance.
Any married person owning property or any interest therein in such person's own name, desiring to convert such person's interest in such property into an estate by the entireties with such person's spouse, may do so by direct conveyance to such spouse by an instrument of conveyance which shall provide that it is the grantor's intention by such instrument to create an estate by the entireties in and to the entire interest in the property previously held by the grantor.
66-1-110. Conveyance to spouse of interest in entirety.
Where property is held by husband and wife as tenants by the entirety, either spouse may by direct conveyance of such spouse's interest in the property vest the other spouse with title to the property in fee simple.
I found no code that requires that the property be held by tenants by the entireties. I would think that f there were such a section, the legislature would not have the language of 66-1-110 as it would be so contradictory and would cause confusion.
24/04 16:53:44
refadmin wrote:
Upon being pressed by the consumer, this title company admitted the wrongdoing. Consumers who have been beguiled by title companies pressing this form of conveyance and ownership should consider filing a lawsuit as the action is in violation of the Michigan Consumer Protection Act.
Under these circumstances, consultation with an attorney with experience in real property transactions, is appropriate. The attorney can request an Attorney Package and review all aspects of the transaction. There are many clauses and fees that are used, which are really unnecessary.
Under these circumstances, consultation with an attorney with experience in real property transactions, is appropriate. The attorney can request an Attorney Package and review all aspects of the transaction. There are many clauses and fees that are used, which are really unnecessary.
24/04 16:51:49
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24/04: Michigan Title Company Forces Married Persons to Take Title in Spouse's Name
Question:Can a married women in Michigan own property solely in her name?
My daughter is in the process of buying a home in Michigan. The mortgage will be in her name only. The Michigan title company closing the transaction is directing her that if a person is married and buying property in Michigan they must take title by the entireties. The husband that is not employed, has not worked for a year, and has a poor credit history and has nothing to do with the mortgage MUST have his name on the title.
Response:
The concern for this inquirer is that should the couple split for any reason, the spouse would be entitled to half the property and have no responsibility for the mortgage.
The title company is telling a falsehood. Michigan Compiled Law, MCL 557.21 provides for the status of property acquired by woman after marriage. If a woman becomes entitled to or acquires, after marriage, real property through gift, grant, inheritance, devise, or other manner, that property is and shall remain the property of the woman and be a part of the woman's estate. She may contract with respect to the property, sell, transfer, mortgage, convey, devise, or bequeath the property in the same manner and with the same effect as if she were unmarried. The property shall not be liable for the debts, obligations, or engagements of any other person, including the woman's husband. Your daughter may take the property by herself. The title company is arguably illegally discriminating on the basis of gender. If the title company is purposefully telling a falsehood, this is a violation of the Michigan Consumer Protection Act as well as the Fair Debt Collection Practices Acts (Michigan and Federal).
They are misconstruing the law which provides that a tenancy by the entirety arises presumptively in any conveyance made to husband and wife. The key is that the conveyance has to made "to husband and wife". It does not arise merely because a conveyance is made to a wife who is married.
They may also be misconstruing MCL 565.221, but this applies to male grantors: All written instruments conveying or mortgaging real estate or any interest therein, hereafter executed, shall state whether any and all male grantors, mortgagors, or other parties executing the instrument are married or single, and the register of deeds of the county in which the instrument is offered for record shall refuse to receive the instrument for record unless it conforms to the provisions of this act. If the instrument has been recorded in the office of the register of deeds of any county without the instrument showing the marital status as herein required, an affidavit stating the facts, executed in conformity with the provisions of Act No. 123 of the Public Acts of 1915, as amended, being sections 565.451a to 565.453 of the Michigan Compiled Laws, may be recorded in the register's office. Upon the recording of the affidavit showing the marital status of the male grantor, mortgagor, or party executing, on the date of the instrument, the record of the affidavit and the record of the instrument shall be effectual for all purposes of a legal record, and the record of the instrument and affidavit or a transcript thereof may be given in evidence in all cases, and the instrument shall be construed to be as valid and effectual as if it had contained a statement showing the marital status of the male person or persons executing it.
Finally, MCL 565.201 provides for the requirements for recording with register of deeds to provide for a man's marital status as follows:
(1) An instrument executed after October 29, 1937 by which the title to or any interest in real estate is conveyed, assigned, encumbered, or otherwise disposed of shall not be received for record by the register of deeds of any county of this state unless that instrument complies with each of the following requirements:
(a) The name of each person purporting to execute the instrument is legibly printed, typewritten, or stamped beneath the original signature or mark of the person.
(b) A discrepancy does not exist between the name of each person as printed, typewritten, or stamped beneath their signature and the name as recited in the acknowledgment or jurat on the instrument.
(c) The name of any notary public whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon the instrument immediately beneath the signature of that notary public.
(d) The address of each of the grantees in each deed of conveyance or assignment of real estate, including the street number address if located within territory where street number addresses are in common use, or, if not, the post office address, is legibly printed, typewritten, or stamped on the instrument.
(e) If the instrument is executed before April 1, 1997, each sheet of the instrument is all of the following:
(i) Typewritten or printed in type not smaller than 8-point size.
(ii) Not more than 8-1/2 by 14 inches.
(iii) Legible.
(iv) On paper of not less than 13 (17x22500) pound weight.
(f) If the instrument is executed after April 1, 1997, each sheet of the instrument complies with all of the following requirements:
(i) Has a margin of unprinted space that is at least 2-1/2 inches at the top of the first page and at least 1/2 inch on all remaining sides of each page.
(ii) Subject to subsection (3), displays on the first line of print on the first page of the instrument a single statement identifying the recordable event that the instrument evidences.
(iii) Is electronically, mechanically, or hand printed in 10-point type or the equivalent of 10-point type.
(iv) Is legibly printed in black ink on white paper that is not less than 20-pound weight.
(v) Is not less than 8-1/2 inches wide and 11 inches long or more than 8-1/2 inches wide and 14 inches long.
(vi) Contains no attachment that is less than 8-1/2 inches wide and 11 inches long or more than 8-1/2 inches wide and 14 inches long.
(g) Unless state or federal law, rule, regulation, or court order or rule requires that all or more than 4 sequential digits of the social security number appear in the instrument, beginning on 1 of the following dates the first 5 digits of any social security number appearing in or on the instrument are obscured or removed:
(i) Except as provided in subparagraph (ii), the effective date of the amendatory act that added this subdivision.
(ii) For an instrument presented to the register of deeds by the department of treasury, April 1, 2008.
(2) Subsection (1)(e) and (f) does not apply to instruments executed outside this state or to the filing or recording of a plat or other instrument, the size of which is regulated by law.
(3) A register of deeds shall not record an instrument executed after April 1, 1997 if the instrument purports to evidence more than 1 recordable event.
(4) Any instrument received and recorded by a register of deeds shall be conclusively presumed to comply with this act. The requirements contained in this act are cumulative to the requirements imposed by any other act relating to the recording of instruments.
(5) An instrument that complies with the provisions of this act and any other act relating to the recording of instruments shall not be rejected for recording because of the content of the instrument.
In short however, if the title company is forcing this, all that would need be done is to file a quit claim deed granting property from husband and wife to wife only. A tenancy by the entirety cannot be terminated by involuntary partition and therefore, it would take a mutual agreement in order to negotiate and execute the quit claim deed.
Alternatively, the buyers could not use the title company to close the transaction but rather hire a lawyer to take care of that. The lawyer could then draw up the deed.