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    rebeccabbjc's Avatar
    rebeccabbjc Posts: 3, Reputation: 1
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    #1

    May 7, 2011, 11:28 AM
    Is it legal to not put spouses name on mortgage if married
    I am married and would like to know if its legal to get a home loan in the state of Colorado and not put the spouse on it during marriage.
    rebeccabbjc's Avatar
    rebeccabbjc Posts: 3, Reputation: 1
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    #2

    May 7, 2011, 11:29 AM
    I would like to know if its legal in the state of Colorado buy a home and not put the spouse on it.
    rebeccabbjc's Avatar
    rebeccabbjc Posts: 3, Reputation: 1
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    #3

    May 7, 2011, 11:32 AM
    I would like to know if its legal in the state of Colorado buy a home and not put the spouse on it. I have been told that you have to put the spouse on the contracts. The bank did not and I am wanting to know as soon as possible.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 7, 2011, 11:42 AM

    The problem would stem from the fact that, should there be a default, the spouse could possibly claim a homestead exemption. That's why banks and other financial institutions customarily require that the spouse be named, as to eliminate that problem.

    The bank "did not" what? Require the spouse's name on the loan documents?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #5

    May 7, 2011, 12:26 PM
    What is 'it?' The deed or the mortgage?
    Did your spouse apply for the mortgage with you, and expect to be on the deed?

    My parents were both on their mortgage, but changed the deed 3 times to protect my father's business, so sometimes she was the only one on the deed. These days lenders are stricter about who they expect to see on the deed. Ask them.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 7, 2011, 12:52 PM

    No, there is no requirement ( unless the lender requires it)
    But the loan and the deed are two different things
    You need to stop asking the same question over and over and please come and "answer" this question by adding more into into it

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