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can lender demand premarital asset be made marital asset

Profile picture for comokate
I could use a referral for a refi. I owned a home prior to marriage. Never put spouse on note or title. We separated 5 years ago due to his infidelities. He purchased his own home at that time. Now that I am trying to refinance on my own, the lender is demanding I have him sign on the mortgage. I was approved based upon my income and credit history. I do not want him on the refi and don't understand why they are demanding this as we have always had separate finances.
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November 16 2012 - Seattle

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Profile picture for wetdawgs
From your comments, I'm assuming you aren't divorced but separated.   I may have misinterpreted.

Washington is a community property state, therefore, while assets brought to the marriage are not community property,  assets and debts acquired during marriage are community property.   Therefore, a house purchased before marriage can fall into a fuzzy category because it is possible the husband contributed to the costs of the house while you were together.       In addition, if  you are still married (even though separated),  they do take into consideration the community property laws of the state. 

What can you do?  See an attorney for advice.  I'd expedite the divorce if in your shoes to have a clean cut of assets.
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November 16 2012
He should probably sign a "Quit claim" deed, so you can move forward. It is very simple, if your x agrees to sign. Otherwise, an attorney is necessary.
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November 19 2012
Hi,

Are you divorced or separated? I am trying to find the best answer for you but need to know this. Pat is correct in that a quit claim is all that should be necessary if you are still married.

Thanks

Doug
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November 28 2012
The OP stated they have been separated for 5 years. A quit claim would have no impact because the spouse is not, and never was, on Title. IMHO, since you came into the marriage with separate property, it will remain separate unless both spouses agreed to commingle assets and make them all community property. Get a new lender. 
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November 28 2012
 
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