Signing Closing Papers After a Divorce
I am currently separated from my wife and want to buy a house. Does my wife have to sign the closing papers?
It depends. If you are buying an investment property, then no, your wife does not have to sign papers. In addition, if you are buying a home that you are going to use as your primary residence and you are paying cash, your wife does not have to sign. If, however, you are buying a home to make as your primary residence and you are taking out a loan to pay for it, your wife has to sign the mortgage but not the note. The mortgage places the lien on the house so she, being married to you in a homesteaded state, needs to agree to this. She is not obligated to the debt and therefore does not sign the note. You should consult a real estate attorney, as they have specific language used for this situation.
Post a Comment