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#2170433 - 03/27/18 07:23 PM Does Spouse have right to rescind?
LostinRegLand Offline
Member
Joined: Jun 2014
Posts: 82
WA
Background-New money Refinance loan husband only on loan. Wife signed a quick claim deed signing away her interest in the property to the husband. Both live there as their principal dwelling. We are in Washington state which is a community property state. Since the wife signed away her ownership interest would she no longer have the right to rescind regardless of the community property aspect? I have read other threads, 1026.23, the definitions in 1026.2 and a quick review of the Washington State community property definition RCW 26.16.030 and Separate property of spouse RCW 26.16.010. This may be an issue I need to talk with legal counsel on but wanted all of your opinions.

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#2170436 - 03/27/18 07:47 PM Re: Does Spouse have right to rescind? LostinRegLand
rlcarey Offline
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rlcarey
Joined: Jul 2001
Posts: 79,310
Galveston, TX
No ownership - no Federal right of rescission.
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#2170490 - 03/27/18 10:17 PM Re: Does Spouse have right to rescind? LostinRegLand
Comply Offline
Junior Member
Joined: Jul 2015
Posts: 33
Because it is her primary homestead, and community property state, I believe she has a right to rescind.

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#2170494 - 03/27/18 10:55 PM Re: Does Spouse have right to rescind? LostinRegLand
crcmnot Offline
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Joined: Sep 2016
Posts: 344
No ROR but Homestead verbiage will need to be added to DOT; wife has no security interest in the real estate but due to community property State will need to acknowledge her homestead rights.

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#2170531 - 03/28/18 01:14 PM Re: Does Spouse have right to rescind? LostinRegLand
David Dickinson Offline
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David Dickinson
Joined: Nov 2000
Posts: 18,762
Central City, NE
[qoute]Because it is her primary homestead, and community property state, I believe she has a right to rescind.[/quote]
Every community property state has some different twists and I'm not an expert on Washington's laws. However, I'm not aware of any state that automatically grants the spouse ownership, especially when the "Wife signed a quick claim deed signing away her interest in the property to the husband."

While you can always overkill the RofR, I don't believe it is necessary in this case. Like you said, you might want to discuss it with legal counsel.
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