There has been great debate on whether or not the spouse needs to sign the mortgage documents for a home. Title One Settlement Group wanted to settle this debate and get the facts straight so there would not be any more confusion about this. The rules for this circumstance differ based on the state that the property is located in. For Virginia, if only one spouse is on the title to the property being mortgaged, then the other spouse does not legally have to sign as long as the mortgage represents a bonafide transaction. There is however one stipulation. A Virginia title company may require both spouses to sign the security instruments because a spouse has the option to take a statutory interest in the property of the deceased spouse in lieu of taking under the decedent’s will. If you have any questions about this, do not hesitate to call us.