QUESTION

I own a home joined with my wife. like to borrow from equity. she is not willing to participate. what is the legal steps can take

Asked on Jun 10th, 2016 on Commercial Real Estate - Maryland
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If your wife is a co-owner of property that you want to use as collagteral for a loan and she won't sign to equally pledge that collateral I thionk you are going to have an impossible time finding any lender who will lend on that property.  Any lender wants to have some assurance that if you don't pay they have a chance of getting their money back by foreclosing the property.  In Maryland there is a special status in owning property if you are husband and wife and the deed you have specifically says "tenants by the entireties" which are words of art which mean husband and wife.  What that means under the law is that if one of those parties owes a debt but the other doesn't, you can't come against the house becuase the person without being on the debt is protected because she is a wife (or alternatively a husband) but, that only applies if the deed to the house specifically says that the man and woman (or couple I guess) own as tenants by the entirties.
Answered on Jun 27th, 2016 at 8:49 PM

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