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My husband and I are separated. what is ohio law on spousal…

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My husband and I are...
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: 2 years ago.Category: Family Law
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1/29/2016
Family Lawyer: Roger, Attorney replied 2 years ago
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,968
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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.

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Family Lawyer: Roger, Attorney replied 2 years 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.

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Family Lawyer: Roger, Attorney replied 2 years 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.

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Customer reply replied 2 years 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
Family Lawyer: Roger, Attorney replied 2 years 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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