Do I need my wife for a mortgage refinance when I hold the original mortgage and have a prenuptial agreement?

UPDATED: Oct 17, 2011

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Do I need my wife for a mortgage refinance when I hold the original mortgage and have a prenuptial agreement?

I built a house about 10 years ago and assumed a mortgage. About 1 1/2 years ago I got married. As part of the marriage, a prenuptial agreement was drawn up. In it, it is stated that I would maintain ownership of the house and property in the event of a divorce. I pay all mortgages, taxes, insurance, and any maintenance on the house and surrounding property. I am considering refinancing the house. The lender is telling me my wife has to sign the closing documents as well. How would this affect my prenuptial agreement. The current mortgage is in my name only.

Asked on October 17, 2011 under Real Estate Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Most likely if you have the ability to refinance your home where you have a pre-nuptial agreement between your wife and you have sole ownership of it you do not need your wife as a signatory upon any documents for the loan application and its eventual approval.

You are currently the sole person on title to the property and in its loan. I presume that the loan is current. The lender wants your wife on the loan as additional security for it. Whether or not the loan will be pulled back from you if your wife is not on it remains to be seen.

From what you have written, you do not need your wife on the loan in order to get your home refinanced.

Good luck.

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