Foreclosure in 48076>Question Details

Mspositive, Home Buyer in 48076

I am married, but my husband and I are separated. Should I sign all closing papers for Foreclosure purchase?

Asked by Mspositive, 48076 Thu May 14, 2009

My husband is in the process of purchasing a Foreclosure in Southfield, MI as his primary residence. We're separated and have not even thought about pursuing divorce. Shouldn't I be at the Closing and sign papers since we are legally married? He and I are on good terms and I know I should be on the Deed and Title for legal purposes. Am I right?

Judi Prentiss

Help the community by answering this question:


That negates the need for you to sign a mortgage, so you should not need to attend closing, unless someone tells you differently. Because you are married, you still will have Dower rights and your husband will not be able to sell that property without your signing off on it, as title will be taken with him as a, "married man." If you get divorced, that is something that should be addressed in your divorce decree.

Just a disclaimer that as a licensed real estate professional in the state of Michigan, I can not and do not provide legal advice. You would need to consult a law professional for legal advice and guidance.

Thank you!
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1 vote Thank Flag Link Thu May 14, 2009
Michigan is a Dower rights state which means as long as you are married, your rights are intact. If you are not one the mortgage, there is no need for you to attend the closing.
0 votes Thank Flag Link Fri Apr 15, 2011
good evening.....derek bauer's (below) answer is michigan, marital status is required to be noted on all real estate do have an automatic interest in the home.....lastly....if he ever decides to sell or mortgage that time, a new title committment would be required and would show him having interest as a "married man"....if either of you have filed for divorce, but have not completed the divorce process, the court would have to approve the transaction (whatever it is) and a signed court order presented to the title co. to proceed with the mortgage closing or sale....if you are still married at the time of the sale or mortgage closing, with no pending divorce, you would have to attend the closing to either sign off on the deed as a seller, or sign the truth-in-lending statement, hud-1 closing statement, and the mortgage in the case of a mortgage closing. ...i hope that helps.bob mcclure.....success mortgage partners, plymouth, michigan.....
0 votes Thank Flag Link Thu May 14, 2009

I think you got some good answers on here. If you are in need of advice from an attorney I would recommend Wutz Law Firm, they are a good group of people ask for Brian.

Here is a link that may help

If you or someone you know are in need of assistance from a Professional Realtor any of us who participate in the free Q&A on Trulia would love for the opportunity to work with you. Are you in the market for a new home yourself?

Best Wishes

Jeremy Sulak
0 votes Thank Flag Link Thu May 14, 2009
Mr. Bauer, thank you responding so quickly. I forgot to mention that my husband is paying "cash" for the Foreclosure so there is no mortgage involved. Does that change anything?
0 votes Thank Flag Link Thu May 14, 2009

The lender is likely going to require that you sign the mortgage, whether you are part of the loan qualification, or not. Michigan is a dower state, and thus you have inherent dower rights to the property. You need to speak with the loan officer and the title company, but I believe you will find it to be a requirement.

Best of luck to you both.

Derek Bauer, Associate Broker
Real Estate One - West Bloomfield
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0 votes Thank Flag Link Thu May 14, 2009
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