Legal Question in Real Estate Law in California

my husband is refinancing his house i'm not on the loan or the deed. do i have to sign anything? Can't the title company process his loan without my signature anywhere. what if i don't want to sign anything

Asked on 6/22/13, 6:09 am

1 Answer from Attorneys

William Christian Rodi Pollock

In most instances the lender is uncertain whether the property owned by a married man has a community element or not. Obviously this is a battle in divorce situations. In most loan transactons the non borrowing spouse is at least required to sign off on the property so the lender does not have to worry about whether she owns any interest in the property. In others the non owning spouse is required to sign the loan documents. It depends on the lender (and whether you really want to quitclaim the house to prove you don't own any interest as a community asset).

In either case, it is unlikely a lender will refinance without your participation in some manner. Thus , if you refuse to sign, he probably can't refinance.

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Answered on 8/01/13, 6:21 pm

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