Hello again. My boyfriend is in the process of purchasing a home. Although his separation agreement is nearly completed, it’s likely that he will close on the home while still legally married. He has more than enough funds to prove that he does not need dual income to pay the mortgage. Will his wife have to sign documents associated with the purchase of his home being that the separation agreement has not yet been signed? If it turns out that closing is pushed off until after the signing of the separation agreement, will she still have to sign because they are only separated and not officially divorced? Under no circumstances does he want her signature on ANYTHING. Thanks, in advance, for your input.
It really depends on the mortgage company as to whether his wife has to sign, but usually they require it because in their eyes, she has a marital interest in any property that he buys. If the separation agreement they sign has a free trader provision, he can record the agreement at the register of deeds and the mortgage company should not require his wife’s signature. He can also have his wife sign a free trader agreement, and he can record that and get the same result.