If she doesn’t sign off now, she automaticly has a claim to it. Reason being, suppose you guys split up some years in the future? If she’s feeling surly, think she’s going to sign off then? Have it done now while she’s being cordial. Best, Scott
I am closing Friday on a house that I am buying in my name only. The title company is asking to have my wife present at closing to have her sign away her dower rights. I understand this if I was selling a property with my name on it, but why if i’m buying. This makes no sense to me. Has anyone else had this happen to them.
Posted by JT-IN on September 18, 2003 at 21:11:41:
This way the title company if protected for any possible future liability issue that may arrise from You taking the title in your name. By her waiving her dower rights, she couldn’t very well say later, that “she didn’t know that you bought this property”.
They are simply protectecting against a few potential liability issues in doing so. The other thing is, that if you were getting a mtg on the property, and your wife was not on title, they Bank would require the waiver of dower. As a matter of practice, the Title company may require this just the same, whether there is a Lender or not… Some times Title Co’s do things for no real good reason, other than… “that is how we always do it”… Duh.
Posted by cathyj on September 18, 2003 at 06:36:08:
It takes two to sell, one to buy. If you are not selling anything I don’t see why she has to sign away dower rights. I’ve never seen this before. Ask the title company for clarification.