there was a post on January 2013 with a similar question.
the person asking the question clearly stated that this was not primary residence of her and her spouse, this was an investment property she was purchasing by herself.
4 attorneys replied and 2 of them mentioned that the spouse may need to sign. why would the spouse need to sign on any loan for an investment property that spouse is purchasing on her own?
this is not a question about future implications regarding death or divorce, this is a question about the spouse being able to obtain a mortgage for the investment property without the other spouse signature.
I would suggest that you speak to the mortgage lender to find out what is required at the time of closing, and whether you can obtain a mortgage for the investment property without the other spouse's signature. I'm reassigning your question to the "real estate" section so that some attorneys with specialized knowledge regarding your particular question. Good luck to you!
Please mark this answer as "Helpful" or "Best Answer" if my advice helped you. I hope you understand that the information I presented to you is based on the very limited facts presented and is based on my understanding of New Jersey law. Also, this answer does not contain any confidential information and does not create any attorney/client relationship. Neither I, nor my firm, represent you.
Mortgage lender could require it. Because they fear it could BECOME a primary residency for both.
This should not be considered legal advice and is intended for educational purposes only. It does not constitute a contract for legal services between any parties. Answers are given to questions for which there may be additional facts not mentioned which might change the legal issues or consequences.
I don't know of anything that would REQUIRE by law for this to happen, but the lender can make whatever they want to do up.
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