Spouse has to be at closing for a HELOC not in her name?

Spouse has to be at closing for a HELOC not in her name?

Investor · Parma, OH · Member since 2016 · 101 posts · 46 votes

Hello everyone, 

I have an Ohio specific questions. I have been going through the process of obtaining a HELOC on a rental property. My wife supports my REI but wants NOTHING to do with it. She does not want to be on any loans, deeds, insurance policies, etc. Nothing at all.

So, I'm going through the HELOC process on a property that I purchased before we were married and I will be the only one on the loan. She is aware that I am doing it. My closing is scheduled for later today and the banker told me that she needs to be present. I confirmed that she was not on the loan (they didn't take any of her income info so I'm sure she isn't anyway, but I did ask.) He said that she was not but that according to Ohio law, she was still on the deed for the house and would, therefore, have to be present at closing.

Has anyone ever heard of this before?  My wife was understandably upset that she has to take the time to leave work, go to the closing, etc. for something that she shouldn't be involved in.  She and I both are curious how to get her name off the deed, what is the purpose of this law as it is intended, and what are the pros and cons of leaving her on or removing her from the deed?  

Thanks, 

Nick

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  • Banker · Solon, OH · Member since 2016 · 12 posts · 9 votes
    9y
    She needs to be present so she can formally release her dower right. The Ohio Revised Code says that either spouse is entitled to an interest in real property upon the passing away of the deceased spouse. It's supposed to be on property that was acquired during your marriage, but most banks will be conservative and have the spouse sign regardless.
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