Washington, DC asked in Real Estate Law for Nebraska

Q: Must spouse sign title docs during refi of rental property if current title in one name only?

Seeing conflicting information and don't see a definitive. From initial refi attempts, this seems to be lender specific since some want this while others don't. Prefer to avoid this as would make planned future house sale essentially impossible with title in both names as during that actual time we will be continents apart with no essentially no ability for spouse to print/prep documents, much less schedule for signing at US Embassy, nevermind IT access/issues and slow pace of mailing anything.

Follow-up: Thank you Julie. Yes, that's exactly what I was asking...if the lender will require both spouses to sign for a refinance when the rental property is in one party's name as would be the new mortgage? My research into this seemed to point in lender preference direction, but was looking for definitive answer, which you provided.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: Are you asking if the lender will require both spouses to sign for a refinance when the rental property is in one party's name? It depends on whether the new mortgage will be in both parties' names or not. Even if the property and mortgage is in one party's name, the lender may decide to require both spouses to sign. It depends on the lender. Some lenders won't lend without fulfilling this requirement. Some lenders will lend even if the spouse doesn't sign.

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