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 Revised Statutes provide:
427.070 Right of spouse and children to homestead.
The homestead shall be for the use of the widow as long as she occupies it, and the unmarried infant children of the husband are entitled to a joint occupancy with her until the youngest unmarried child arrives at full age. The termination of the widow's occupancy shall not affect the rights of the children. The land may be sold, subject to the right of the widow and children, if a sale is necessary to pay the debts of the husband.
The homestead of a woman shall, in like manner, be for the use of her surviving husband and her children, situated as above. When the interest of the husband and children ceases, the homestead shall be disposed of in like manner and the proceeds applied on the same terms to her debts, or, if there are no debts, divided among her children.
Because of homestead statutes such as the above, a spouse has a property interest in the homestead whether the spouse’s name is on the deed or not. Unless the spouse whose name is on the deed signs the mortgage covering the homestead, the lender cannot foreclose on that spouse's interest.
The solution to the problem can be accomplished by your husband signing the mortgage as to his homestead rights only; or execute a waiver of his rights satisfactory to the lender which can be recorded in the land records.
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.
