Wife refinanced our home, am I now on the title?

[beardeus]

Arizona

Hi,

Before we were married my wife bought a house. We recently refinanced to get rid of the PMI and secure a lower interest rate. I wanted to remain off of the title and loan etc. Arizona is a community property state. I had to sign some documents but not as many as her. Am I on the title?

Thanks.

 

[Mass_Shyster]

I had to sign some documents but not as many as her. Am I on the title?

No, unless one of those documents put you on the title.

 

[beardeus]

Okay. I think I signed a deed of trust. Can a lien be placed on a deed of trust or on a title because I signed a deed of trust?

 

[FlyingRon]

Okay. I think I signed a deed of trust. Can a lien be placed on a deed of trust or on a title because I signed a deed of trust?

A deed of trust gives the bank control over your property, it does nothing for YOU.

You need a deed specifically granting you a share of teh house.

 

[latigo]

Okay. I think I signed a deed of trust. Can a lien be placed on a deed of trust or on a title because I signed a deed of trust?

If you signed the deed of trust, then you would also have signed as a "co-borrower" the note that it secures.

And if you are committed on that note, then you ought to be on the title! Which, as mentioned, could only be effected by your wife deeding over an interest and that deed recorded of record.

But as little as you seem to know you probably won’t know without having your attorney review all the documents attending the loan.

Then if you find that you are on the deed of trust note and not on the title, you should insist that your spouse quitclaim to you and equal undivided interest in the home.

[SUP]Then you can go back to your lawyer and discuss the divorce.[/SUP].