Q: My husband is only one on deed to our home He is refinancing and is the borrower Why do I need to sign
I don’t want any responsibility as we are close o divorce
A: In Ohio, spouses have marital rights (called "dower rights") in all the real estate owned by the other spouse, whether their name is on the deed or not. So when selling or mortgaging any real estate, both the owner named on the deed, and the owner's spouse, must sign. The spouse signs only to release those marital rights, and signing a mortgage does not obligate that spouse to repay the loan. In a divorce, all of the real estate and other assets and loan obligations will be divided between the spouses. Use the Find a Lawyer tab to talk to a local real estate attorney who can advise you about signing the mortgage, or a local divorce attorney who can advise about division of assets in a divorce.
Todd B. Kotler agrees with this answer
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A: In Ohio, dower is the right of a spouse to one-third of their deceased spouse's real estate, including the right to live on the property and receive rent or profit from it (contingent upon one spouse surviving the other). Dower rights are intended to protect spouses who don't own the property, and prevent widowed spouses from having no assets to live on or buy new property. Dower rights have been in place since the 1800s, when farms were the main source of income for many families.
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