Rescission and Community Property

Our borrowers are husband and wife. They have lived in a house for almost 3 years but neither of them were on title. The Title holder is now deceased, and the husband has been given the house per the deceased estate, wife will not be on title.

This loan is being done as a refinance, is the wife required to receive rescission?

It is possible for inherited property to be maintained as a separate estate in WA, and thus to not be community property. Even though you may not be required to obtain acknowledgement and provide a rescission to the spouse, you are far safer to provide it when it was not needed.