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Dowry rights regarding home mortgages


Fonzie

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Even if I'm not listed on the note, do I have to be listed on the mortgage?

I had a buddy who had to list his wife on the mortgage, even though he qualified for the loan without her, & she was NOT listed on the note, or any other of the loan docs

He was told that it was because Ohio's a dowry state, & that those rights cannot be given away

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The mortgage is a separate document that is the security to the note. So, if the note does not get paid the lender uses the mortgage to foreclose on the property. The mortgage can also be called a lien.

Also the note is not usually recorded. The mortgage is.

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When we bought our house it was 3 brothers that owned the house and each were married so all 6 had to sign the papers but one of the brothers was separated from his wife and she was on a vacation so we were delayed waiting for her to return and sign the papers.

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I'm asking for my own situation. Just using my buddy's story as a reference point for my question.

Wife qualified for our new home all on her own... I'm a stay @ home dad & finishing my Bachelors to graduate in May. I did the same for her when I was working on the railroad, & she refused to work while finishing her degree(s)

Marriage is very tenuous right now, & I'm just wondering what, if any, rights I have to this new property, as I'm not listed on any of the loan docs.

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Found these

In Ohio a spouse is given rights in a purchased property even if they had nothing to do with the purchase. We are one of the few states that still have dower rights and that is why in Ohio we says it takes one to buy and two to sell. Here is a little information for you. "Dower Right" refers to an interest in real estate established by state law that is intended to protect a non-title holding spouse. Ohio is one of the few remaining states that still provide for such rights. Within the real estate legal community, there are periodic efforts to introduce legislation that would abolish, or at least modify the interest so that it does not create the number of title problems for which it is responsible, but so far none have been successful. Under this doctrine, whenever a married person buys real estate in Ohio, the married person's spouse is automatically the recipient of this "dower" interest. Dower is a complicated, contingent and partial interest in the real estate. Consequently, any document that intends to convey or mortgage an interest in the property is not effective as to the dower interest of the spouse unless that spouse has also signed the document. Most real estate agents understand that when a married seller signs the Deed, their spouse must also sign to release his/her dower rights. Without the spouse signing the Deed, the new owner's interest is SUBJECT to the dower interest of the spouse of the former owner.

Dower is a statue that gives either the husband or the wife rights to a potential one-third-life estate in his or her spouse's real estate. In the state of Ohio, once a man or woman engages in marriage, all real property is subject to dower rights. This includes property that came to be owned before marriage, whether it is purchased by, inherited by, or given to spouse while they were single.

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So if I ever get married, unless she signs a prenup, then she gets part of the house if it was purchased before marriage?

In my case I owned the house outright before we were married. I also didn't own the house any longer with the divorce. And I now have full custody of my daughter. Ain't that a kick to the nards?

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It's a sad state of affairs that we even need an indemnity statement at the top of this thread.

Any person that sues this forum for the "legal advice" that is provided on here probably isn't smart enough to be trusted to use the internet to begin with.

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Mortgage banker here.

What really matters is if you're a community property state (or a dower state). The other posts as to the matter are accurate. California works this same way iirc. And Texas has some similar laws as well.

This has to happen again, btw, if there is any sort of refinance or equity product added to the property. It really is archaic, for sure. But it's easier than dealing with owelty liens :rofl:

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In my case I owned the house outright before we were married. I also didn't own the house any longer with the divorce. And I now have full custody of my daughter. Ain't that a kick to the nards?

Id snap the neck of a bitch that stole my house like that. You woulda got short time for that for sure.

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Fonz when I was going thru my D I owned my house she left and bought another, I had to sign off my dowry righs saying I wouldn't go after her house in the divorce since she acquired it while we were technically married just seperated. So if that was the case I would believe you should be entitled to some part of it since you are married. My name wasn't on any of the papers that wa associated with her property and they made it out to sound like I could be a real fuck and want my part of it in court.

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I had to sign off my dowry righs saying I wouldn't go after her house in the divorce since she acquired it while we were technically married just seperated.

They forced you? Or you just mean you did it?

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Fonz when I was going thru my D I owned my house she left and bought another, I had to sign off my dowry righs saying I wouldn't go after her house in the divorce since she acquired it while we were technically married just seperated. So if that was the case I would believe you should be entitled to some part of it since you are married. My name wasn't on any of the papers that wa associated with her property and they made it out to sound like I could be a real fuck and want my part of it in court.

^^^ What he said ... same experience

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