Are you Legally Married?

[sandman2234]

I purchased one place in just my name, and the rest in both of our names. The current place we live in is listed in both our names, but the mortgage is in just my name. She was working out of the house and the amount of money she made didn't offset the cost of adding her name (and credit history) to the mortgage.
She has put up with me for the past 25 years, plus 5 more that we dated, so I guess she is stuck with me. The past six months has been the hardest of the whole time, as I was at home, and not making any money.
David from jax

 

[jinman]

Sometimes I just wonder if it boils down to what ever the closing attorney says? Also, from state to state whatever that closing attorney thinks is best?

Like I said I sell it and leave the rest up to the others!! I am glad that an attorney is not involved in my cattle, horse's and this operation I have!!

I certainly agree with both your points, especially the second one about having a lawyer involved in every transaction.

It's whatever the closing attorney "knows" and what he feels is the best to insure title passes without defects. Having been recently married, I have sold property that I had for many years before my marriage and my lawyer told me it would be less likely to ever be challenged if my real estate sale had both my signature and my wife's. That ensures no defects and no challenge ever by her or her heirs. It also protects the lender if a mortgage exists.

I think I still have an Abstract of Title from one of my dad's old properties that goes back to when the first owner was granted the property. It makes some interesting reading as the property passed from owner to owner.

 

[blueriver]

I certainly agree with both your points, especially the second one about having a lawyer involved in every transaction.

It's whatever the closing attorney "knows" and what he feels is the best to insure title passes without defects. Having been recently married, I have sold property that I had for many years before my marriage and my lawyer told me it would be less likely to ever be challenged if my real estate sale had both my signature and my wife's. That ensures no defects and no challenge ever by her or her heirs. It also protects the lender if a mortgage exists.

I think I still have an Abstract of Title from one of my dad's old properties that goes back to when the first owner was granted the property. It makes some interesting reading as the property passed from owner to owner.

I agree an abstract is some good reading, I haven't looked at mine for awhile. If I remember it starts somwhere around 1894 with the first entry being from the Choctaw Indian's. I was surprized that at one time a complete Divorce decree was part of it ... That was interesting!

 

[SPIKER]

interesting read so far.

inOhio, (in '91) they did away with common law marriage for a few reasons, one common law they can't collect money from people wanting to get married. (buying marriage licenses, forced blood tests ect) they also could have the marriage expire (check out you're marriage license, in many states they EXPIRE after a certain # of days so does that mean after that date you no longer are married? lol. My sister-n-law showed me that one hahah.
one reason to do away with common law marriage was due to too many court challenges/problems perhaps some woman you spent a night with at the local rent by hour motel now wants HALF of every thing you own??? You signed in as mr & mrs jones then she is you're common law wife per what was stated above. this probably happened more than once that some pour smuck gets contacted by MR low life attorney representing Mrs one night stand only to find out the courts have him paying for both attorneys the court costs as well as loosing half of his stuff... I'm glad Ohio no longer has common law I could be in big trouble, but then I never used MRS when I dated back when nore did I sign anything that she could get her hands on hahah.
(but my woman (Girl Friend) of 12 yrs is OK none the less
I bought my farm, with out her name anywhere, sold my place with out her name ANYWHERE and will probably let her sell this place with out my name ANYWHERE! simply co-habittating does not mean legally married in my book or should it be in any states books... If she or I want to leave we both know where the door is and we take what we had prior and or split up what we buy together... if she don't like that then the door is right over THERE

so NOW I have to end this and dis avow any knoll age of it ever existing and or someone stole my password ya thats it someone is playing a joke on her


MarkM

 

[blueriver]

Spiker, thats what I'm talkin about! Just think here in Oklahoma ... say this single rancher who has inherited daddy's land and is running some cattle, has a couple tractors ... with me so far?

Mr. Single goes out for dinner/pub meets Miss Good looking and they become close friends and say in a couple weeks they have been even closer, she has a few things at the ranch house, change of clothes, etc, they are seen together everywhere including the feed store, this works good for a few more days, I mean nights and she get's P.O. and out the door!!

If she can prove they where a couple and finds Mr. Low down attorney, that could become a fight!! And with a feel sorry for the lady judge ... well who knows the outcome?

If that could happen, thats just Wrong.

 

[chh]

I agree an abstract is some good reading, I haven't looked at mine for awhile. If I remember it starts somwhere around 1894 with the first entry being from the Choctaw Indian's. I was surprized that at one time a complete Divorce decree was part of it ... That was interesting!

I have a couple of abstracts that start with the "Treaty of Dancing Rabbit Creek" as the first pages. Some of them haven't been updated since the 1950's when my father had the title "Quieted". I would hate to see the bill from the abstract office on that. Some of the abstracts have some interesting legal notes and divorce documents in them, especially if it pertained to the original Choctaw owner.

On the practical side on the scenrio about the rancher, usually from the odd and end cases that do crop up occasionaly around, it is hard to prove it was a "marriage" if there are no children or at least mingled bank accounts for proof. Of course that doesn't mean that $$$$ haven't changed hands now and again to quiet somebody down and get them to go away.

 

[chh]

On another note it is good for the mortage company to have all the names they can on the mortage. A freind of mines daughter bought a house with her boyfreind before they got married. It blew up and they didn't get married, he was living in the house and not making payments, who do you suppose they came after looking for money? He was claiming to be unemployed, she had an job, lawyers made some good money out of that deal. She ended up having to pay the equivalent of several months of payments to get out of the mortgage with her credit reasonalby intact. She would probably have told the lady to not sign anything.

 

[blueriver]

Update ... DONE DEAL! I never consider the deal final until all documents have been executed and the funds dispersed, my commission check went in the bank today!

I stopped by the property to thank the buyer as they where moving in, I said congradulations on the new home and WIFE! He simply said life is good!!

BTW ... Did I mention I sell Real Estate, private listing or at Auction?

 

[TheHammer]

I never consider the deal final until all documents have been executed and the funds dispersed, my commission check went in the bank today!

Hey, remember, the deal ain't final until that check clears!

Congrats!

 

[blueriver]

Hey, remember, the deal ain't final until that check clears!

Congrats!

Thanks ... your right about the check, it came from the attorneys office, if that thing bounces, well her husband is the judge and that will make for a whole new subject to discuss!!!