Waiver of Marital Rights

[RKoechel]

What is the name of your state (only U.S. law)? Wisconsin

I purchased a house in my name only prior to marriage. During the marriage, I refinanced (morgtage in my name only) to get a lower interest rate.

Since my husband's name was not on the loan or deed he was asked to sign a Waiver of Marital Rights form.

What does the WAIVER he signed (recorded in deed office) really mean? What rights has he given up? If I were to die before him; what effect would this have on him? Is it possible to get his name recorded on the deed now or is it really not necessary due to any laws protecting him as a spouse?

Thank you for your help!

 

[FlyingRon]

The primary point of the waiver is to affirm that this is property obtained outside of marriage which is most important in the case of divorce. Wisconsin is a community property state, without this determination you share in any property that either one owns (even if it is only in
one name).

What happens to him on your death depends on what else is in play. Do you have a will? Do you have children?

Can you add him to the deed. Sure, you can add him. Of course that will make the property community property. With the appropriate deed the property automatically becomes his on your death.

Depending on what you are trying to accomplish it may or may not be a good idea (frankly, I believe that marriage should truly be a marriage, and non-marriages should avoid joint property, but that is more a personal than legal opinion).

The bank can not enforce a due-on-sale clause for adding a spouse to the deed.