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P. Simmons
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My wife and I are refinancing our home. The new mortgage indicates

Resolved Question:

My wife and I are refinancing our home. The new mortgage indicates the borrower as my wife it also states "the husband of the borrower has executed this mortgage for the purpose of hereby releasing his right and expectacny of dower in said premises." What does this mean? I the husband, am I giving up all rights to the property even inthe event of divorce or the death of my wife?
Submitted: 5 years ago.
Category: Legal
Expert:  P. Simmons replied 5 years ago.
Can you tell me, are you on the note (mortgage) at all? How about the deed (title to the home)?
Customer: replied 5 years ago.

The new mortgage begins with "Definitions one of which is "Borrower" which list only my wife as the borrower. My name is XXXXX XXXXX at the end ofthe document stating the following "The undersigned, (my name), who is the husband of the borrower, has executed this Mortgage on the date first above written for the purpose of hereby releasing his right and expectancy of dower in said premises."

 

I am not on the deed which we changed several years ago from the both of us to just my wife. We did this because of me having a business which we don't have any longer.

 

We both have considerable equity in the property.

 

Expert:  P. Simmons replied 5 years ago.
Thanks for the chance to assist and sorry for the delay.

This document would remove any rights you would have to the property...dower is one way to describe your legal interest in the property...if you are not on the deed and are waiving your legal interest in the property, then you are taking a chance that if you divorce down the road that you would not be entitled to the equity. So you may want to reconsider this course of action

From your description, I get that you are waiving your rights to legal interest in the property. If that is your goal, then your set. If not you may want to reconsider



Customer: replied 5 years ago.
So if my wife were to die before me I would have no right to the home even if she list me as the sole heir to the property in her will.
Expert:  P. Simmons replied 5 years ago.
No, her will would control...so if she listed you, then you would take under the will

But if she did not list you, or had no will, then you may stand to loose


P. Simmons, Attorney
Category: Legal
Satisfied Customers: 27135
Experience: 16 yrs. of trial experience
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P. Simmons
P. Simmons
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16 yrs. of trial experience