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September 10, 2010, 09:48:29 AM

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Site Author : Topic: Question about a waiver of homestead  (Read 1534 times)
April 24, 2009, 07:34:47 PM
Not too shy to talk
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My spouse got a mortgage for an investment property that is intended to be used as a rental property for income.  I was not listed on the deed nor involved in the mortgage.  I was asked to sign, before a notary, a "WAIVER OF HOMESTEAD" document.  

The document makes sense to me except the last paragraph which says...

"Further, appearer [me] acknowledges that the aforedescribed property is the separate, paraphernal property of her spouse, Mickey Mouse, under his separate control and administration for his separate use and benefit and she has no interest in the property"

Did I just give away my community property rights to this property in case of divorce or death of my spouse?


Thank you for your help!
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April 30, 2009, 04:07:54 PM
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Is it his separate property?

If not, that clause should not be there. It could be a mistake where some boilerplate was left in the document. Otherwise, yes you may have admitted that you have no community interest.
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May 01, 2009, 03:23:09 PM
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I was not listed on the deed

It sounds like it was already identified as separate property.  Unless you all paid cash for the property while married, you would have already signed something (as an intervener) indicating it was his separate property.  If you paid cash, perhaps the transaction wasn't properly completed.  If it was purchased prior to marriage, then it would be his separate property nonetheless.
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