Residency vs jurisdiction in Real Estate Law

[norbjohn]

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

Question: I am not now, nor have I ever been a resident of Missouri. The same applies to my spouse. My spouse purchased property in Missouri as a "Single Person," sole obligor to the mortgage, and sole owner on the deed. In our Marital Treaty, we both agreed that each could own property separately as well as jointly. Therefore, no Assent to Execution was ever created. Now that the property is in Short Sale, and I have been denied any "Marital Rights" by the lender, I have been informed that by Missouri Law requires my joinder and obligation to the closing proceedings. As a non citizen of the state, non Resident, am I subject to foreign law in which I have no allegiance to?

 

[FlyingRon]

Because the property is located there, the laws of Missouri apply to the transaction. Your allegiance (and frankly that really doesn't apply in terms of states) has no bearing on whether you come under their law. Missouri law considers property, even acquired by before marriage, to be held as tenancy by the entirety. You will have to explicitly deed your interest away during the sale process.

What are you trying to avoid?

 

[HomeGuru]

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

Question: I am not now, nor have I ever been a resident of Missouri. The same applies to my spouse. My spouse purchased property in Missouri as a "Single Person," sole obligor to the mortgage, and sole owner on the deed. In our Marital Treaty, we both agreed that each could own property separately as well as jointly. Therefore, no Assent to Execution was ever created. Now that the property is in Short Sale, and I have been denied any "Marital Rights" by the lender, I have been informed that by Missouri Law requires my joinder and obligation to the closing proceedings. As a non citizen of the state, non Resident, am I subject to foreign law in which I have no allegiance to?

**A: isn't the so called marital rights issue a moot point here since there is no equity in the property and therefore no positive asset? What point exactly are you trying to make? Oh, this is a homework question correct?