A husband can buy property in his wife’s name under certain conditions. He cannot buy it without her knowledge or consent. That would be fraud. However, many couples buy a house in only one spouse’s name.
- A husband may buy a property and put it in his wife’s name if it is not fraudulent
- A husband may claim ownership of property bought in his wife’s name under certain conditions
Marital property ownership can get tricky during a divorce. However, in most cases, courts view real estate possessions as held in common.
Can a Husband Buy a Property and Put it in His Wife’s Name?
A husband can buy a property and put it in his wife’s name if she agrees. Otherwise, it is fraud. NOLO asks the question why the husband would want to put a property in just his wife’s name. In community property states it would not make a difference anyway because assets are divided evenly.
If not, the only reason I can think of is there is some illicit nature to the transaction. Otherwise, why would a husband want to buy property in his wife’s name and not tell her. The courts would certainly treat this as fraud.
On the other hand, there are good reasons to only have the wife on a mortgage. Again, only if she is aware and consents. If the husband’s income is low and he has bed credit, then it makes sense for the wife to apply for the mortgage by herself.
Can a Husband Claim Ownership of Property Bought in His Wife’s Name?
A husband can claim ownership of property bought in his wife’s name under certain conditions. The first is which state they live in. The second is if the person bought the property before the marriage.
If the couple lives in a common law state, which is most states, a person may acquire property separately from their spouse. Of course, if they add their spouse to the title, then it becomes community property. If the couple lives in a community property state (Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, New Mexico, and Wisconsin) then they each own an equal share on any real estate they buy during their marriage. In this case is the husband entitled to half of a house in wife’s name? Only if they bought the house during their marriage.
What if the spouse bought the property before they got married, though? In this case the property belongs to the spouse who purchased the land. If the wife bought a house before she married, then the husband only has rights to the wife’s house if she agrees to add his name to the title.
Final Thoughts
A husband can buy property in his wife’s name, but why would he want to? In a community property state, the couple divides it 50/50 anyway. If he lives in a common law state, she can own the property solely. We can think of no reason he would want to except to commit a crime.
On the other hand, there are good reasons for one spouse to be on the mortgage alone. That depends on the income and credit of the two.
