Arvada, CO asked in Banking, Contracts, Divorce and Real Estate Law for Colorado

Q: Sep. from spouse (not legally). Approved on own to buy R.E. but mortgage co req him to be there at signing and on title?

Parents are separated (not legally) he just moved to another state. Mom is trying to buy a condo and was approved solely on her own. Mortgage is currently in underwriting and they are requiring my Dad to be physically at the closing and on the title. Since he is not on the loan, I don't see why it should be a requirement for him to be there physically at closing and on title. Mom refuses to put him on title/have him come to closing (he cheated, etc...) Is there a way to get around this by having him write a letter saying he has no debt and interest in the property? If not, can we get out of the contract without being sued by the sellers? They were planning on getting divorced after she bought a condo, so she only had to deal with one thing at a time... They recently sold their house and divided assets, so he wants nothing to do with her condo. Both agreed to simply divorce and take nothing from one another. If we need legal advise, who should we contact? Real Estate attorney?

1 Lawyer Answer
John Hyland Barrett III
John Hyland Barrett III
  • Louisville, CO
  • Licensed in Colorado

A: If your mother truly qualified for the mortgage on her own, there should be no need for her husband to be on the deed or at closing.She should get an explanation from the mortgage company. In Colorado, a married woman may hold title in her sole name, without her husband.

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