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 List of Spousal States
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549 Posts

Posted - 01/04/2011 :  04:42:42 AM  Show Profile  Visit Renee's Homepage  Reply with Quote
Michigan is a bit tricky. MCLA still grants dower (which is an automatic title interest by virtue of marriage in real properties owned by the husband, to the wife) but abolished curtesy law (which was similar interests granted to husbands). MOST title u/w's require spouses of either gender to enjoin on a mortgage that is NOT purchase-money, and it would seem to me this is a means of avoiding the potential for gender-discrimination liability. Still, there are other u/w's that will only observe actual dower & not curtesy (to wives, and not to husbands).

MI-MCLA also grants homestead rights - which are title interests by virtue of 'homestead' - the subject property being the primary residence.

MI does not recognize community property laws.

MI Recording statutes require marital status to be included in the vesting of both Deeds and Mortgages.

Because the above laws are subject (as all laws are) to interpretation, which can only legally be done by an attorney - I will give a courtesy call to the client if I think there is a discrepancy between standard practice and what they've prepared (i.e. on a refi, no spousal signatures being requested) - and definitely let THEM tell ME how they'd like things done. The call is always appreciated, regardless of how they proceed.
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New York
815 Posts

Posted - 12/31/2010 :  09:58:01 AM  Show Profile  Visit edelske's Homepage  Reply with Quote
According to Wikipedia (the internet encyclopedia): There are currently 3,143 counties and county-equivalents in the United States. I, for one do not intend to make it my burden to "keep up" with the various recording requirements. THAT is the burden of the Loan Officer! The LO has to tell me what processing is required. I follow a simple standard (when no specific instructions are included). If there is an area to witness - I ask the borrower to provide a witness. If the borrower is unable to do this I become one of the witnesses.

As to "spouse" signatures - I ask the borrower if they are married and if the spouse will be present. I report this information back to the party giving me the assignment and ask how to proceed (if they are married). It puts the responsibility back to the LO, where it belongs. If no additional instructions can be obtained - I get the signatures as specified on the documents.

Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
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469 Posts

Posted - 12/29/2010 :  3:27:22 PM  Show Profile  Visit PWinFL's Homepage  Reply with Quote
ALL states are 'spousal' states. That is, every state has statutes regarding real estate and spouses. Such things as homestead protection, community property laws, etc. make up 'spousal' conditions. (I'll see if I can find the chart showing the different conditions and statutes, state by state.)

As far as 'witness' states go, the list already exists, and has for almost 10 years. I constantly update the list as new information becomes available. The list is available for viewing, printing and copying at http://www.pawnotary.com/kb/2-4.html.

Never drive any faster than your guardian angel can fly.

I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.

Visit us online at http://www.PAWnotary.com

Edited by - PWinFL on 12/29/2010 5:06:54 PM
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3106 Posts

Posted - 12/29/2010 :  3:09:40 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Here is a list of states we have heard are spousal states. This is a group project to build this list and we don't know the answers. Let us know if your state is a spousal state. We also want to create a list of "Witness States" as well. But, first things first.

List of spousal states that we know of - so far
New Jersey - http://www.123notary.com/new_jersey_notary/
North Carolina - http://www.123notary.com/north_carolina_notary/
Virginia - http://www.123notary.com/virginia_notary/
Pennsylvania - http://www.123notary.com/pennsylvania_notary/

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