Asked in Real Estate Law for Tennessee

Q: Hello, I have a questions about a refinance in Tennessee.

I'm the sole owner on the deed and mortgage of my primary residence. I was recently married and I want to refinance the property. The lender says that my wife has to be on the deed / mortgage. I want to continue being the sole owner and I have a prenuptial agreement stating that my house stays with me in the event of a divorce. I also have a daughter from a previous marriage that I may want to leave the house to in my passing. Can you tell me, does my wife have to be in the deed and mortgage in a refinance?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: There is no law requiring her to be a grantor on your Deed of Trust. But if the lender requires it, then she either signs the Deed of Trust and/or the Note, or they do not lend the money. The lender is concerned about foreclosing on you and she being in possession with homestead rights and/or heirship rights as your spouse, but not subject to a Detainer Warrant. It was not smart disclosing your recent marriage.

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