Legal Question in Family Law in Michigan
Waiving Dower Rights
I am in the process of getting a divorce. My husband is getting the house in our divorce and so I was looking for a place to possibly buy when the divorce was final. Well I ended up finding a place sooner than I expected and I have to act now or I lose it. Our divorce cannot be finalized til at least April 4th and I can't put off the buying process cause it is a first come first serve basis. I am wondering about dower rights and the mortgage company I am going through told me that my husband is going to have to sign the mortgage. I DO NOT want him to do this. Is it legal and binding if I could get him to sign a waiver of his dower rights? The mortgage company had never heard of this before but if I could get proof of such a thing and if I could get him to sign off, then he wouldn't have to sign the mortgage. I don't want him ANY part of my life or have any ties other than our children when this is finalized! Someone please help!!!! Thank you very much!
Kari
3 Answers from Attorneys
Re: Waiving Dower Rights
Husbands do not have dower rights; only wives do. The mortgage company is wrong, but is probably being cautious to protect its own intererest. An attorney can help.
Re: Waiving Dower Rights
Your attorney can draft appropriate documents for your husband to sign to facilitate your purchase.
www.MidMichiganDivorce.com
Re: Waiving Dower Rights
If the mortgage company is being ridiculously cautious, just have your husband sign a form, waiving any dower rights in your property interests, if he had any anyway. He does not have to sign the mortgage itself. If the mortgage company insists that he sign the portgage, it may be because they are worried about your credit. William S. Stern
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