Married to marital property Mortgage only in the name of my husband. How to write the house?

Hello Sophia Sylvester.

Being married in community, the apartment must be in the name of both. As for the mortgage, no bank will grant it to your husband alone. And it is that in case of non-payment, the bank might only seize its part of the apartment, which would make it extremely difficult for it to recover the borrowed money. For this reason, you must also include yourself in the mortgage as a co-owner or as a non-debtor mortgagor:

  • If you are a co-owner, you will have the same obligations as your husband. In this case, we recommend that you formalize a private contract with him in which he undertakes to pay the fees in full.

  • If you are a non-debtor mortgagee, you will only be mortgaging your part of the home and you will not have any obligation to pay the installments.

We hope we have helped you.

All the best.

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