Posted by Kathy/NJ on 8/9/13 10:08am
Msg #479770

If you're signing docs in a spousal state, but the

property is in Maryland, does the spouse need to sign the usual docs? Thanks!

Reply by ME/NJ on 8/9/13 10:24am
Msg #479772

First if her name is not on the docs, then go with what is requested on documents. Is it primary or investment. Ask TC if you are not sure.

Reply by BossLadyMD on 8/9/13 10:59am
Msg #479781

I say no, but always double check with hiring party.

I was always told to follow the guidelines for the recording state.

Reply by Les_CO on 8/9/13 11:29am
Msg #479788

Maryland is not considered to be a ‘spousal state’; if the property is owned, or being purchased individually by one spouse, only that person needs sign. If a refinance and the property’s owned by both spouses, both must sign the security agreement. The non-borrowing spouse shouldn’t have to sign anything. in Maryland there is a ‘financial affidavit’ that must be filled out and recorded. As always, if in doubt check with Title and see what they want. JMO

Reply by Les_CO on 8/9/13 11:52am
Msg #479793

PS

In New Jersey any property acquired after 5-29-1980 that is the ‘principal martial residence’ has a right known as ‘the right of joint possession’ attached, requiring both spouses to sign. The laws governing recording and real estate where the property is located should be followed, as should the notarial laws where the documents where the documents are signed; in this case NJ notarial law (no LTP as in MD) and MD real property laws. Again JMO.

Reply by JPH13/MO on 8/9/13 11:56am
Msg #479797

What PAW said about this subject

I Googled and found a really good response by him, but now I can't find it. I did find this one, though, which is nearly as good:

Reply by PAW on 3/20/06 5:09pm
Msg #107153

Depends on the laws of the state the property is located in. Some states have homestead laws, community property laws, etc.

Often, investment property, not owner occupied may not (but not always) need both spouses signatures. Again, this depends on the state law about spousal rights, whether or not there is a "sole and separate" agreement, etc. Other conditions may be due to a divorce settlement decree. Trust ownership, where one spouse is the trustee, but not the other, on a given piece of real property, is yet another possibility. But, all these 'possibilities' must be in accordance with applicable state and federal laws.

Reply by Kathy/NJ on 8/9/13 1:47pm
Msg #479830

Re: What PAW said about this subject

Thanks everyone