Legal Question in Real Estate Law in New Jersey

Spouse required on mortgage?

I have purchased a piece of property jointly with my brother 10 years ago prior to my marriage. My brother and I am looking to refinance the property and I am being told my wife must now sign the mortgage along with my brother (even though she is not on the current mortgage or on the deed).

The mortgage company I am using to re-finacne has indicated my wife must sign. Is this true? Can someone tell me where I can find more information on this law?

Thanks.


Asked on 7/03/03, 4:04 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Spouse required on mortgage?

Unless the property is your primary residence, in which your spouse would have marital rights and be required to sign the mortgage, your spouse is not a required signature to the refinance. I a presuming the property is your residence, so your spouse must sign.

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Answered on 7/04/03, 1:17 pm


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