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Unread 05-17-2012, 05:12 PM
 
2 posts, read 4,415 times
Reputation: 10
Exclamation Any way around dower rights?

I am a Canadian citizen and Kentucky resident, separated from my wife since November 20, 2009) and currently in divorce proceedings (for the past 2.5 YEARS) in my Canadian province. I am interested in purchasing a home in Kentucky, but have been advised that my wife (who is in Canada) will have to sign the mortgage. She will not sign the mortgage, nor will she sign a power of attorney to allow me to sign on her behalf . Is there ANY way to purchase property in Kentucky without her signature on the mortgage?
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Unread 05-17-2012, 05:55 PM
 
Location: southwest TN
6,297 posts, read 5,911,388 times
Reputation: 10093
You really should ask this question of an attorney - but here's what (little) I know about dower rights: I believe that your wife can sign away her right to dower. What is dower? It is a right to live in the premises until death. In states where dower and curtsey (not curtesy) are recognized (old common law), in order to sell property, the spouse must release their right of dower/curtsey for clear title.

I think it's only right that your wife not provide you with a power of attorney to sign the mortgage on her behalf - why on earth would she want to be held responsible/liable for your mortgage? You can ask that she sign a waiver of her right to curtsey.

Quote:
Originally Posted by http://www.fayettecountyclerk.com/web/landrecords/documentrecording/other/releaseofdowerorcurtseyinterest.htm
Release of Dower or Curtsey Interest

The Kentucky Statutes do not permit a "Release of Dower or Curtesy Interest" by married persons as a stand alone document in general. To release a dower or curtsy interest the document must be in the form of a deed or will (KRS 386.095).
You need to contact a lawyer. Kentucky Bar Association Lawyer Referral Service is a low cost initial consultation with a lawyer in this practice area.

Note: curtsy and curtsey are used interchangably in search engines and in reporting.


ETA: You can also look here: http://www.bankersonline.com/forum/u...t&Number=28147 -- It is NOT specific to Kentucky but applies to banking/mortgages.

Last edited by NY Annie; 05-17-2012 at 05:58 PM.. Reason: ADD on
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Unread 05-17-2012, 06:49 PM
 
2 posts, read 4,415 times
Reputation: 10
[quote=NY Annie;24349890]You really should ask this question of an attorney - but here's what (little) I know about dower rights: I believe that your wife can sign away her right to dower.

The problem is that she refuses time and time again to respond to anything. We have had several conferences, and I have proposed several very generous settlements, and the only goal she has is to delay, delay, delay, and cost both of us lots and lots of money paying our attorneys. The court has already awarded me partial cost from a prior motion due to her inaction. Getting her timely signature (hell, getting her signature at all) would be impossible.

But I appreciate the information.
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Unread 05-18-2012, 07:47 AM
 
Location: southwest TN
6,297 posts, read 5,911,388 times
Reputation: 10093
So what about forming an LLC and purchasing the property in that name? Or a trust? These are questions your lawyer should be considering with you.

I'm not an attorney and I don't know for sure whether either of those is a viable alternative. Again, these are issues to discuss with an attorney.
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