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refinancing my home

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upsetintx1

Junior Member
What is the name of your state (only U.S. law)? texas,
looking to refinance my home purchased prior to marriage financer wants to include my spouse on the deed, can i not add my spouse to the deed, he wants to stay off the deed?
 


tranquility

Senior Member
The bank can loan or not as it chooses. Find a bank that does not require that. Because husband has some rights to the property, other banks may want the same thing.
 

STEPHAN

Senior Member
Some banks want the spouse to sign (notarized) a paper that they give up certain rights. I have seen this more than once.
 

Ohiogal

Queen Bee
Some banks want the spouse to sign (notarized) a paper that they give up certain rights. I have seen this more than once.

It cannot be just a notarized paper. It has to be on the deed that the Spouse is foregoing their dower rights to the property or not. I don't know of a bank that will loan money without dealing with the spouse on the document in some way shape or form.

Oh and OP, does he not want on the deed because of child support issues?
 

LdiJ

Senior Member
It cannot be just a notarized paper. It has to be on the deed that the Spouse is foregoing their dower rights to the property or not. I don't know of a bank that will loan money without dealing with the spouse on the document in some way shape or form.

Oh and OP, does he not want on the deed because of child support issues?

Since she purchased the home prior to marriage (as she said in her first post) its likely that she simply doesn't want to add him to the deed. I would not do so if I were in her shoes.
 

tranquility

Senior Member
It cannot be just a notarized paper. It has to be on the deed that the Spouse is foregoing their dower rights to the property or not. I don't know of a bank that will loan money without dealing with the spouse on the document in some way shape or form.

Oh and OP, does he not want on the deed because of child support issues?

I don't think Texas has dower rights. The rights arise out of community property on a mortgaged property. It is quite likely the OP is using community assets to pay down the principal and the community (unless the payments are carefully done) has probably gained some ownership rights. Also, for things carefully done, the community may have gained some reimbursement rights.
 

Zigner

Senior Member, Non-Attorney
Since she purchased the home prior to marriage (as she said in her first post) its likely that she simply doesn't want to add him to the deed. I would not do so if I were in her shoes.

OP states that it's her spouse that doesn't want to be put on the deed.
 

LdiJ

Senior Member
OP states that it's her spouse that doesn't want to be put on the deed.

I took it that she didn't want to put him on there and he didn't want to be on there either. (being a good guy and not insisting on being on the deed to her premarital home)
 

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