There are many times where a spouse may purchase a property in their individual name, such as when property is bought before the marriage, a property is inherited, or only one spouse could qualify for the loan. Even though only one spouse is listed on the title to the property, a title company will require both spouses to sign the deed at closing. The reason for this is that the spouse may have a marital interest in the property. The title company's job is to ensure that clear title passes to the buyer, which would mean that any potential interest held by a spouse is released. Moreover, the title company is not a court or judge and can not make determinations as to what interests a spouse may have. Therefore, in order to ensure there are no issues down the road, the title company will always require both spouses to sign the deed (or a mortgage or deed of trust on a purchase with a loan), in order to ensure the buyer gets clear title to the property.
If you want to learn more about this topic, we've included a few videos below that discuss this concept.
This video is from a large Kansas City area real estate investor.
This lawyer is based in North Carolina, but the answer is the same for Kansas and Missouri.
If you are completing a "sign and return" closing, you will receive all documents the business day prior to closing via email. We ask that you please use care to ensure that all documents are fully completed and that there are no missing signatures ...
With an online closing, you won't have a specific appointment, but rather will be able to go to our portal anytime 24 hours per day. We ask that if you can, you please do this prior to 2pm on your closing date (and the earlier the better) as that ...
The RD Sign online closing platform has both English and Spanish speaking notaries available for online closings. The system uses your browser's default language settings to route you to the appropriate notary. Therefore, to reach a Spanish-Speaking ...
No, however, we need to know that you would like to do an online closing so we can send you the link for completing your closing. This can be done by scheduling an online closing at https://rdtitle.com/schedule-closing/, completing our intake form, ...