Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I purchased my home 3 years ago, I have since been married. The house deed and mortgage are in my name only and I would like it kept this way.
I was getting ready to settle on a refinance deal, when the mortgage company asked what my husband's name was. I asked how that is relevant and they stated that since NJ is a "spousal" state, he needs to be put onto and sign the mortgage. They refused to allow me to refinance without having him sign the papers. So I scrapped the deal.
Is this an actual law or is it just a mortgage company thing? Will I be stuck now, never being able to refinance if I don't want him to sign?
If he is living in your house and you split everything, and you don't have some kind of document that keeps your house as "separate" property, your husband will have to sign everything you want to do with the house, especially when you go to sell it. You've co-mingled it into your marriage, so he's entitled automatically, state law.
If he is living in your house and you split everything, and you don't have some kind of document that keeps your house as "separate" property, your husband will have to sign everything you want to do with the house, especially when you go to sell it. You've co-mingled it into your marriage, so he's entitled automatically, state law.
Actually, we don't split anything. I pay the mortgage, property taxes, home owners insurance, sewer bill, electric bill. All of these things are in my name. He pays the cable/phone/internet bill and buys all of the groceries. We do not have any joint bank accounts or credit cards. Our personal expenses are kept separate. We do file a joint tax return.
As far as the document you mentioned, we do not have anything like that. Is it possible to have something drawn up after you are already married?
There is a document such as a post-nup instead of a pre-nup, but it's going to be up to a court later on to determine if it's valid. Even though you're not combining your actual money, you're paying for things he's using and he's paying for things you're using. A court, upon a divorce, would more than likely consider it co-mingling, unless you expressly keep them separate. It's more common to keep it separate if you turn it into a rental property.
Even with something like a post-nup or pre-nup, he still has to sign off that he knows what you're doing because I would assume you have the home marked as a "homestead". You cannot do anything with a homesteaded property without the spouse knowing and signing, in a community property or spousal state.
There is a document such as a post-nup instead of a pre-nup, but it's going to be up to a court later on to determine if it's valid. Even though you're not combining your actual money, you're paying for things he's using and he's paying for things you're using. A court, upon a divorce, would more than likely consider it co-mingling, unless you expressly keep them separate. It's more common to keep it separate if you turn it into a rental property.
Even with something like a post-nup or pre-nup, he still has to sign off that he knows what you're doing because I would assume you have the home marked as a "homestead". You cannot do anything with a homesteaded property without the spouse knowing and signing, in a community property or spousal state.
You should talk to a lawyer regarding requirements of your state. If it's not an actual "law", then it's just the mortgage company imposing their own rules which they can do. If so, you may be able to find another lender that will work with you. For more feedback, you could also try posting in the Mortgage and New Jersey forums. However, a lawyer should be able to give you a definitive answer.
If I married in new jersey, and he is living in my house, and his house in delaware owned previously to our marriage is refinanced, do i have to sign the documents?
Location: Mokelumne Hill, CA & El Pescadero, BCS MX.
6,957 posts, read 22,311,234 times
Reputation: 6471
In CA, you could refinance the mortgage and later file an Interspousal Transfer Deed which would remove him from title, but not the obligation to pay the mortgage.
I live in NJ. I had to have my wife sign the mortgage documents when we bought and when we refinanced. There was no way to avoid this. I did ask my lawyer about this. He said it made absolutely no difference since in NJ they would treat the house as being in both our names anyway so there was no "downside" in having her sign the documents.
In Ohio - if they are not to be on the deed, they have to sign a document - which basically waives their right to be on the deed.
Waival of Dower Rights - or something like that.
We did that when we bought our house (husband was not on the deed).
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Will I be stuck now, never being able to refinance if I don't want him to sign?
