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Renee
Michigan
549 Posts |
 Posted - 11/22/2006 : 6:57:54 PM
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To answer this question requires legal interpretation of MI statutes. I am not a lawyer, and can't offer legal advice. I can tell you that in my own experience, and purely anecdotally - I personally drafted closing pkgs for over 10,000 loans in MI as the lender, and any married person encumbering any MI real property that they already held title interest in, had to have their spouse acknowledge/sign.
The thumbnail version of that opinion is: buy all you want, solely & separately if you wish, but to refi, further encumber OR sell - the spouse signs.
This is merely my past experience, purely conversational and NOT INTENDED as legal interpretation or advice. To continue the conversation - MI is reviewing this and I have read of the possibility of dower being abolished. MI does (unless they've JUST abolished it)recognize dower rights - interesting, as the 'companion' curtsey or curtesy rights (the MI statutes actually uses both terms, which referred to the MALE spouse) were abolished long ago. Even though dower refers to a married female - I have never seen a MI title co refuse to apply the law across genders. Again, I am NOT a lawyer and I can not interpret the law. |
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mrtcloser
Michigan
15 Posts |
Posted - 11/21/2006 : 9:32:28 PM
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Is it ever appropriate to disregard dower rights (non-borrowing spouse)?
This pertains to state of MI, 1-4 family refi (not primary residence). |
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MI - Dower rights
