Q: I bought a house before being and now want to refinance after I’m married. I am not adding my husband to the title.
* before being married
I am also not adding his name to the loan but the title agency says he had to be at closing to sign a “marital interest” sheet or we can’t continue. Why if it is in my name, and he has nothing to do with it? How do I get around this?
A: As a spouse your husband has a dower interest that springs to life upon your death if you are still married.
Your spouse must make his dower interest subordinate to the mortgage
A: Ohio has an archaic "dower" law that gives every spouse a 1/3 interest in the property. He has to sign his dower interest paperwork, and when you sell the house, he would then also have to release his dower. This interest is a statutory right and exists outside of you holding title.
It does not "spring" when you pass away, but is an immediate 1/3 interest in the property.
See O.R.C. 2103. http://codes.ohio.gov/orc/2103
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