My niece, in Maryland, is soon to be married to a twice-divorced man who owns his own home and is still paying a mortgage.
My niece, who has been divorced once, has two children and lives in a home where her ex-husband and she pay the mortgage. The house is in her ex-husband's name, and he is on the mortgage deed and pays the EMI. My niece gives him her share as half the EMI.
One option my niece is looking at is to continue to stay in her current house, and her would-be husband would move in. I don't know how it would work if the new husband would move into her house while her ex-husband is still on the mortgage. (He left the family, and she got the house to live in.)
The other option: Her would-be husband is persuading her to move into his home, saying the rooms are bigger, etc.
- If she would move into the new husband's home, what precautions should she take? Should she insist that he put her name on the mortgage and the house deed?
- Is it true that you don't need to add your name to a mortgage loan or house deed as it's considered community property and both [my niece and her ex-husband] are entitled to it?
- Is it advisable for my niece to stay in her current home to keep the possession of house as she is not on deed? The worry is if things go wrong for my niece with her would-be husband, she may not be left with a place to stay.
I just want her to protect her interests, especially from someone who has been divorced two times.
Should she seek legal advice before she makes this decision, and is her would-be husband pressuring her for the wrong reasons?