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#2145813 - 09/13/17 10:03 AM Wisconsin Homestead Law
Heather Offline
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Registered: 03/15/17
Posts: 11
What language do you use on the mortgage when the spouse is not the borrower or on the deed?
Do you have her sign not as mortgagor but to convey any martial interest she has in the homestead property?
Maybe have her sign an affidavit?


Edited by Heather (09/13/17 10:04 AM)

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#2145877 - 09/13/17 01:13 PM Re: Wisconsin Homestead Law [Re: Heather]
Truffle Royale Offline


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Registered: 07/09/03
Posts: 16630
If it's a purchase, WI law provides that the spouse does not have to sign at all even if the purchase is of a homestead.
At refinance, both spouses must sign.
We use the following language on page one of a refinance of homestead property:
(Spouse’s Name) is a “cosigner” under Section 13, but notwithstanding anything else in this Mortgage, did not execute the Note.
Then the spouse signs on the last page of the mortgage and is notarized as doing so too.

Don't forget under WI law the legal must identify the property as homestead property.

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#2145880 - 09/13/17 01:48 PM Re: Wisconsin Homestead Law [Re: Heather]
Heather Offline
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Registered: 03/15/17
Posts: 11
Thank you.

Our title company is arguing that I cannot have this on the mortgage "Husband Name and Wife Name, husband and wife, Wife Name does not sign as mortgagor but to convey any marital interest she has in the property."

They are arguing that the deed and mortgage need to be EXACT. If she signs, she needs to be on the mortgage. I'm trying to explain that she's not signing as mortgagor.

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#2145978 - 09/13/17 08:31 PM Re: Wisconsin Homestead Law [Re: Heather]
Truffle Royale Offline


10K Club

Registered: 07/09/03
Posts: 16630
Please reread my first sentence.

If the loan you're closing is a purchase by one spouse and only the spouse on title is the borrower, then the wife doesn't sign anything.

The title company is correct.
Chain of title requires the deed and the mortgage to match.

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