If my husband and I have a purchase agreement to buy a house can he buy the home without my signature/?

Question

My husband mortgaged our home without me on the finance papers. The only papers I signed were papers saying I was an Intervener, I really didn't know the meaning of the word,I thought maybe just saying I was aware of what my husband was doing. After the purchase was final and a copy of the papers came in the mail I read them and saw another paper that was added to the paper I signed saying that I didn't want any claim to the property and the property would not be in the community. My signature was not on this paper but apparently the paper that I did sign applied to this paper also.

Answer 1

So you basically sign a quit-claim deed where you say that you do not have any interest (ownership) of this house now and for all time?  

Answer 2

I am former Recorder of Deeds.It there is more than one person or entry on the deed, then ALL persons or entities on the deed must sign the paperwork to transfer ownership, or to use the property as security for a mortgage. The exception to this rule is if a power of attorney is signed and notarized, allowing another person to sign the needed documents. That included the settlement of the estate of a deceased person.

As a Mortgage Broker I have NEVER had a case where the lender did not require the above, in all states I have placed loans.  If you have an FHA or VA loan, they are even stricter in enforcing this rule.

Answer 3

the easy way is to get your husband to agree to allow you on the deed to the property.

If he is unwilling to do this you will need to get a lawyer and go to court to try and prove you didn't know what was happening.  This will be an uphill battle as you signed papers allowing him to be the sole deed holder.

Another reason is because you allowed him to solely refinance the house which provided him the sole burden financially.

Basically he is solely responsible for the financial aspects of the house and he is solely on the deed.  You signed papers to allow this to happen.

To refute this now you need a good real estate lawyer on your side.

Good Luck.

Answer 4

In most states, (there are a few exceptions) Either party on the deed of a house can mortgage it. Both parties signatures is not required. Same to sell it, or to buy a house.

However, as long as both parties are married, both parties are on the hook for each others debts.

What exactly did the intervention paper say? Did they put you on notice that you were loosing the right to the property? An intervener notice generally is to someone "between" the sale and purchase of the property and if they don't "intervene" in a timely manner, they loose any legal objections.