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DC Spousal law

Asked over 2 years ago - Washington, DC

My mother sister and I purchased a house in Washington, DC, in 1991. My father did not want to be on the loan or title at that time, but now that we are refinancing, we are being told that he needs to be on the title, along with our spouses who we were not married to at the time that the house was purchased. My question is, do they have to be on the title, or just sign a document stating that they are aware of the refinancing?

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Attorney answers (1)

Michael E Hendrickson

Reputation Level 15

Answered over 2 years ago. Speeding / Traffic Ticket Lawyer in Alexandria, VA.

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The lender and/or the title insurer probably wants to avoid any possible cloud on the title by not having the names of your father and your current spouses on the title as co-owners of the property since at some point each might be able to assert or acquire a marital claim to the property which could complicate matters if the property ever had to be sold to an unrelated individual or business in the future, and it was not clear as to how their possible claims or interests in the property had been disposed of. (In fact, your father by virtue of his marriage to your mother may well have alteady acquired such an interest which may have to be accounted for at some future time when the property may be sold.)

M.E. Hendrickson, Esq.
Alexandria, Virginia 22314

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