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I live in Ohio. My husband and I own the house we live in but I want to buy another (lesser valued) house in my name only, he would not be financially responsbile, etc. . Do I have to have him sign a legal document to allow me to do this because we are married? This is not a divorce situation if that makes a difference. I just want to allow my college aged kids to live in it at the time and possibly me/we later when me/we downsize.

Posted: Thu Jun 16, 2011 9:06 pm Post subject:

Hi Guest,

Ohio is not a community property state. In such a situation, you won't have to get any legal documents signed by your spouse. He won't be responsible for your property or the mortgage that you take out on the property.

adonis · Posted: Thu Jun 16, 2011 9:07 pm Post subject:

It was me above... just forgot to log in while posting the answer!

Posted: Fri Jun 17, 2011 7:09 am Post subject:

Correct Ohio is not a community property state but spouses do have dower rights. Your husband will have to sign the mortgage deed as to dower rights but not the mortgage note.

Lenders will be skeptical if this is a tactic to purchase a rental property and avoid the corresponding LLPAs. Document, document.

gmakerley · Posted: Fri Jun 17, 2011 3:51 pm Post subject:

The law prevents lenders from discriminating in their decisions. A married person can certainly purchase a home in his or her name without the need for a spouse - assuming that the person qualifies for said mortgage.

Posted: Sat Jun 18, 2011 11:54 am Post subject:

No lender in their right mind will issue a mortgage on an Ohio property to one married party without the spouse signing the mortgage deed as to dower rights. The “other” spouse does not need to sign the note so no obligation and “other” spouse does not to be directly named in the deed but without the “other” spouse signature there would be no way to obtain clear title (i.e., without an outstanding dower interest) in a foreclosure.

At a loss as to how you’re reading “discrimination” into this.

gmakerley · Posted: Sat Jun 18, 2011 6:44 pm Post subject:

Equal Credit Opportunity laws apply whenever a spouse chooses to borrow funds individually rather than jointly. I didn't "read" discrimination into this scenario...rather, I cited the law that prohibits lenders from requiring both parties of a marriage to sign documents arbitrarily. In other words, a borrower need not involve a spouse to obtain a loan.

That's the nub of it - now I didn't address dower laws because that's not my expertise at all. If certain state laws require a spousal approval and/or counter-signature, that's a different story, I suppose.

But I'm not trying to imply that lenders discriminate. I don't need to do that.

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