I live in AZ and both, my husband and I hold title 50% each. He is not happy with that as I have a daughter who will inherit my half of our home in case I pass away. Thus, my husband keeps claiming that he can't refinance our home mortgage because the way we hold title. Is that true? My husband has done so many treacheries to me, so I don't trust him. When he bought the home, I was traveling out of state, so he send me an urgent disclaimer at the nearest U.S embassy claiming that he will lose such house bargain if I didn't sign that disclaimer ( his sole and separate property) he said he will change the title later to a community property and that the disclaimer was momentary because I was not in U.S in that moment ... It took eight years of distress (divorce threats) for him to change the title, so my lawyer advised me to not hold title as a community property ( better 50% and 50% ) Now he is claiming that in order to be able to refinance our home; the house title must be joint tenancy with the right of survivorship Is that true? I believe we have joint tenancy, but not the right to survivorship. We are still married, but living apart... (He occupies our home) we have joint tax returns, but I don't work. I am a student. Thus, in his opinion, in the past, because I am a student, he kept saying that the mortgage company would not allow me to add my name in our house title. I don't know if such thing was true either. I guess it was the excuse he had for eight years to keep our community property as his sole and separate asset. Now he keeps bothering me with the refinance and the way we hold title. by zalame_122_985 from Tucson, Arizona. Mar 16th 2013
Sorry to hear of your trouble. His story is not correct. If you are married, he can not refinance without your knowledge and signature. It is one to buy, two to sell or refinance. But, how you go into title is your choice. it has nothing to do with the loan. Joint tenants allows him to retain everything with your passing, while tenants in common allows your half to go wherever you wish.
Sorry to say, Sounds like you need a good attorney, before anything else.
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