The spousal states (if you are not familiar with this) are states which follow some sort of community property law. For these states, the law generally requires a 50/50 split in assets, I would think! Those states require that both spouses be present when signing. This means that when a lender sends documents to a notary that HAS THE HUSBAND LISTED ON THE FIRST OR SECOND PAGE OF THE MORTGAGE AS A SINGLE MAN, the package does not contain a marital status affidavit, and THE WIFE IS LOOKING AT YOU IN AN ODD WAY AND MAKING STRANGE COMMENTS it is time for you to get up and run (by the way TAKE THE DOCS WITH YOU) ----ok-go ahead and make a call to the signing company or whomever if it makes you feel better----- BUT DON’T BE SURPRISED IF YOU FINISH THIS LONG DRAMA with everyone telling you, “IT’S OK JUST GO AHEAD AND SIGN THE DOCS AND WE’LL STRAIGHTEN IT OUT LATER BY LETTING THE WIFE SIGN SOME DOCS LATER” you say “NO THE DOCS NEED TO BE REDRAWN WITH THE WIFES NAME PRINTED ON THE DOCS PROPERLY”-----If you are in a (spousal/community property) state, please always check the drivers license and ask the marital status of the borrower. Don’t let folks push you around- they gain a commission and you’ll gain a lawsuit or 2 when SPOUSE#1 leaves SPOUSE#2 for a new love. IN CERTAIN STATES there AIN’T (love that word) NO dollar limit on recovery of damages caused by a notary.
Ex; man & woman buy a house prior to marriage, then get married, then 10 years into the marriage the man wants to refinance the home. He say ”uh – she’s not going to be involved in this” You say Is there a PRENUP- He says NO. He says “I have documents showing that she signed all her rights away pertaining to the home” so notary gets there asks for the document, he produces an ACT OF DONATION which was prepared and completed prior to their marriage, showing the (girlfriend at the time) donating her half of ownership back to husband, while true this doesn’t change the fact that they are now married and any asset or debt built within the union is 50/50. And unless they can produce a doc specifically stating that his is his and hers is hers from this day forward----- NO WAY – spouse signs…
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