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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31530
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My husband and I are separated. what is ohio law on spousal

Customer Question

My husband and I are separated. what is ohio law on spousal signing to refinance. my name is ***** ***** the loan or deed to the house
Submitted: 1 year ago.
Category: Family Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

There is no law that requires a spouse to be on the deed or on the loan.....that's really an issue that is up to the lender/bank.

Expert:  Roger replied 1 year ago.

That said, with married couples, the bank will require both spouses to sign the deed of trust (at the very least) in order to allow the lender to have the right to foreclose without going to court in the event of a default.....this is so because of a spouse's equitable ownership interest in property even if he/she is not on the deed to the property.

Expert:  Roger replied 1 year ago.

But, the spouse would not be required to sign the documents under the law......that's a call that is left up to the lender.

Customer: replied 1 year ago.
they keep saying it is ohio law I have to sign the papers even if I am not on the loan or deed. the house was bought by my husband before we got married
Expert:  Roger replied 1 year ago.

They're likely talking about "dower" rights.....but that doesn't necessarily require you to sign the note to be obligated to repay the loan or to sign the deed of trust, but you may have to release your "dower" rights so the lender could have the ability to pursue foreclosure in the event of a default. Here's a good article you can read about this: http://www.beacontitle.com/pdfs/dower.pdf

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