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Updated almost 12 years ago,
Marital Waiver vs on deed of trust
My state is Missouri,
Can someone please explain to me the advantages of signing a marital waiver vs the spouse being on the deed of trust. We are in no way worried about divorce, everything I read on the topic has to do with that.
We are working towards getting mortgages/properties in each of our names so we can each get to the 10 property max for residential mortgages. This is why initially we started doing properties in one of our names only.....
By putting both of our names on the deed, does that expose us to risk should someone (tenant) sue. Are we now both liable if we are both owners of said property, whereas if only one of us is on the deed whoever is suing could only go after assets in that spouses sole name? Does having the spouse not on the deed protect them? If a marital waiver is signed, what happens should I pass away, would my wife still get the properties upon my death or could a bank easily foreclose even if mortgage payments are still paid on time?
My understanding is when banks look at potentially giving you financing they look at how many mortgages you have, so if a mortgage was only in my name but we were both on the deed, that would not hurt her chances of getting another mortgage, correct?
Additional info: we are refinancing two properties currently in both are names we are planning on switching one to each of our names so instead of two mortgages coming up in each of our names, we would have one each, but want to acquire more in the future.
Thanks!