deed of trust

[fulcuf]

What is the name of your state? texas
i bought a house before i got married. i alone have paid for the house. it is my house and i want to keep it that way. now i want to refiance and i am told that my husband has to sign the deed of trust. we are not getting along he has cheated on me and lied to me about many things and we may divorce. I am concerned it will give him rights to part of the equity in the house if we divorce. what should i do? if he signs it am i putting myself at risk

 

[stealth2]

If his name is on the deed, he has an interest in the house. You'd be better off not refinancing at this point, and deciding if you want to stay married to him or not. IMO.

 

[Boxcarbill]

What is the name of your state? texas
i bought a house before i got married. i alone have paid for the house. it is my house and i want to keep it that way. now i want to refiance and i am told that my husband has to sign the deed of trust. we are not getting along he has cheated on me and lied to me about many things and we may divorce. I am concerned it will give him rights to part of the equity in the house if we divorce. what should i do? if he signs it am i putting myself at risk

Let me see if I can explain what is happening. The house is your separate property because title relates back to a time prior to marriage. So, in the event of divorce, if you can trace the title of the house back to a date before your marriage, then the property is separate property. However, separate property which is also the marital residence requires the signature of both spouses for a sale, a home improvement loan, refinancing, etc.. Apparently, you and your spouse are living in this house which is why your husband's name is required on any refinancing of the house.