Full question:
I am married, moving, and buying property in the State of Kentucky. I have been told that my husbands name has to be on the paperwork (i.e., deed). He does not want his name on the deed. The loan is in my name alone. He feels the house should be in my name alone. I was told by a realtor when looking for property that the marital status must go on the deed. But the mortgage company says that this is not so. My husband has signed a statement revoking all rights and interest to the property and he had it notarized. Please let us know what else we need to do.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Kentucky
Answer:
Kentucky law recognizes that a spouse has a property interest in the homestead, even if their name is not on the deed. This is due to homestead statutes, which protect a spouse's rights to the property (Ky. Rev. Stat. § 427.070). If your husband does not want his name on the deed, he can sign the mortgage only to waive his homestead rights. Alternatively, he can execute a waiver of rights that is acceptable to the lender, which can then be recorded in the land records. This ensures that the lender can proceed without complications regarding his interest in the property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.