Posted by Leslie_Mo on 8/24/07 2:16pm
Msg #207523

Is Kansas a spousal state?

I've been a notary/signing agent in Mo. for about 3 years but recently became commissioned for Kansas also. Information about whether Kansas is a spousal state isn't in the state handbook. I have a Kansas signing in less than 2 hours and although the Mortgage shows the borrower is married, her name isn't on any of the documents. Can someone please tell me.

Reply by Sylvia_FL on 8/24/07 2:21pm
Msg #207524

Check with title and ask if they need the spouse to sign any documents.

Reply by Leslie_Mo on 8/24/07 2:48pm
Msg #207532

Thanks Sylvia. I did check and as I kind of expected, Kansas is a spousal state.

Reply by Vince/KS on 8/24/07 2:59pm
Msg #207537

They like to call it a Homestead State

Major issue with Title companies. Lendors frequently try to bend to borrower's desire, but the title companies insist on both.

Reply by CARID on 8/24/07 3:25pm
Msg #207543

I had one today, That the LO was telling customer spouse did

not have to sign anything since they were separated. But of course since Missouri and Kansas are both Homestead states he had to sign as non-borrower. She did not like that !!!

Reply by PAW on 8/24/07 3:41pm
Msg #207546

From the Stuart Title Underwriting manual concerning KS Spousal Rights:

Joinder by both spouses is required, regardless of whether one or both holds title.

A homestead cannot be alienated without the joint consent of husband and wife. The homestead is 160 acres of farm land or one acre within the limits of a town or city. ( KSA 60-2301). Also, the Kansas Constitution, Art. 15, Sec. 9, prohibits alienation of the homestead without the joint consent of husband and wife, but no property is exempt from sale for taxes or for payment of obligations contracted for the purchase of the property or for erection of improvements.

Reply by PAW on 8/24/07 3:41pm
Msg #207547

Oops. That should be the Stewart Title Underwriting Manual.