I am seperated and want to close on a house, will my spouse have to be on my deed?

Profile picture for Darren46
I am married and waiting on a court date for my divorce, if I close on my house before my divorce is final, will my spouse have to be on my deed, or can I place my fiance' on my deed without her being on the loan itself, we plan to marry soon,and we will both be paying for the home, I live in st. Louis Missouri.
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December 03 2010 - Saint Louis
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Answers (8)

Profile picture for okwithcote
You will have to have your wife sign a waiver of marital rights or she will have to be party to the contract. You will also have to speak with your loan officer to see how that plays into your mortgage (if financial obligations have not been fully stipulated and executed).

You can add another person to the deed after the fact, they do not need to have a financial interest (loan).

Best of Luck to you!
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December 07 2010
Profile picture for Janiesells

You would to have her sign a quit claim deed or an consent to execute form. Most lender will tell you what you need and the title companies.

If need anything else just give me a call.

JANIE Schriewer RE/MAX First Gold 636-231-3410

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December 04 2010
even in a community property state, you can take title as "sole and separate" simply your soon to be ex wife will need to sign a disclaimer deed. Make sure she is willing to do this BEFORE you get into any home deals, as if she suddenly refuses, you will have a big problem on your hands.
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December 03 2010
Unless you are in a community property state you can act solely on your own.  This means you can close separately.  Once you remarry, you can do a quit claim deed adding your new wife to the title to the home.  The only caveat is going to be with the lender who may have different requirements with the note and deed of trust.  You still have to satisfy their requirements before moving forward on both the title, note and deed of trust.  If this is financed I would imagine that the lender is going to require your soon to be wife on the note in order to be on the deed.  Simply because if she is not, then they have limited recourse on the note should you fail to pay as she would have no legal obligation to pay on the note even though her name is on the deed.  Besides purchasing the home on your own you can also purchase in both you and your future wife's name together.  Simply satisfy the lender.  You would be recorded as joint tenants in common verses tenants in common.  You can change the status once married to tenants in common by a quit claim deed.
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December 03 2010
Profile picture for sunnyview
If you need a legal question answered, you can try avvo.com here and ask your question to a forum of licensed attorneys in your state. Hope it helps.
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December 03 2010
As a Preforeclosure/Bankruptcy Fraud Specialist of 15 years I would strongly suggest that you inquire with a local Real Estate Attorney for that answer with all due respect to my colleagues in the industry. I don't know the laws of your State.

However, this appears to be a legalistic question. I'm in the State of Georgia and one does not have to disclose that information here. You certainly want to be careful in order that the perception of fraud is not evident in your real estate transaction. I'm sure that the closing attorney or title company in your State will be asking you about your marital status and will require the appropriate legal documents at closing. Obviously, it's best to secure that information in advance. Best wishes on your new home!
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December 03 2010
Profile picture for Cobalt Financial
Chris is correct: The State of Missouri requires a marital waiver to be signed by the spouse giving up their rights to the property. Hope this helps!
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December 03 2010
You can have the spouse sign a waiver of marital rights form in order to avoid having a spouse on the deed.

chris


Chris Richards, GRI
Broker/Salesperson
Prudential Patterson Realtors
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December 03 2010
 

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