Lexington Park, MD asked in Immigration Law and Real Estate Law for Maryland

Q: How to make sure the deposit I’ll have for purchase the home with my husband is eventually a “proof”is my part ?

I’m foreign,no ssn or Itin number .

After 4 years of marriage we should starting my adjustment of status in march and my family is sending money for pay the lawyer fees and help with a deposit for buy a house for me and my family.

The lender is saying my name can be only after the purchase in the deed,so only my husband and his mother will be the owners in the beginning.

I love my husband,but I know my mother in law also .

If The deposit for buy the house will come from my Family in Europe in my husband’s bank account where I am a joint ,with causal “deposit for my name house purchase “ is enough like proof one day for have back my part ?

Or because we are married I don’t should be so worried?

We live in Maryland .

Thank you

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA

A: In your situation, it's essential to take steps to ensure that the deposit made for the purchase of the home is eventually recognized as your part of the investment, especially considering your immigration status and the joint bank account with your husband.

To establish a clear record of your contribution, you can consider taking the following steps:

1. Create a written agreement: Draft a formal agreement between you and your husband specifying the purpose of the deposit, the source of funds (your family in Europe), and your intended ownership share of the property. Make sure it is signed and dated by both parties.

2. Keep records: Maintain copies of all bank transactions, wire transfers, and deposit receipts related to the purchase. Ensure they clearly show the source of funds and your connection to the deposit.

3. Consult an attorney: Seek legal advice from an attorney in Maryland who specializes in real estate or family law. They can help you draft a legally binding agreement and provide guidance on how to protect your interests in the property.

4. Document contributions: As the mortgage payments and expenses related to the property are made, ensure that your contributions are tracked and documented, showing your ongoing financial involvement in the property.

5. Consult with the lender: Discuss the possibility of adding your name to the deed after the purchase is completed, as it may provide additional protection of your interests in the property.

While being married to your husband provides a level of legal protection, taking these additional steps can help establish your ownership stake and protect your interests in the property. Consult with an attorney to ensure that all necessary legal measures are taken to safeguard your investment.

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