Wednesday, October 21, 2009

In the state of Va.,is it legal for a finance company to allow only one spouse to sign for the home refiance ?

I have been married for 14 years.When we first purchased our home I had to sign along with my spouse. Since that time he has refinanced with a finance company different than the first company on more than one occassion. I was against this from the first refinance deal,but the company allowed him to do it without me.Is thre someone who can sort this for me?

In the state of Va.,is it legal for a finance company to allow only one spouse to sign for the home refiance ?
Yes, because Virginia is NOT a marital interest state, so one spouse can buy property and sell it independently of the other..





Now, keep in mind, marital interest is NOT the same as community property in a marriage.





Your husband is fooling himself if he thinks you are not entitled to a substantial part of the home's value, just b/c he is on the title and the mortgage by himself.





The reason you probably had to sign on the first one is b/c your credit and/or income was probably needed to qualify.





However, I do fail to see how the refinance transaction could have closed if your name was on the title....that is legally impossible.
Reply:It doesn't matter who is on the mortgage, it depends on who is on title.





If your husband is on title by himself, he doesn't need you to sign for a refinance.


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