My wife and I live in Colorado. I am buying a house that she will not be living in. The loan officer told me she has to sign the mortgage also. Is this true? I can see where she may have to sign a security agreement, but don't see how a mortgage would apply.

If someone could point in the direction to find this requirement that would be much appreciated.

Confused:

I believe that Colorado is a community property state, and the state may have some regulations or administrative rulings explaining why or why not.

In most other (non-community property) states, the mortgage is the security agreement, stipulating the rights and responsibilities of the owners of the property in keeping the property (in the event of foreclosure).

For example, here in CA (also a community property state) the non-borrowing spouse will either need to sign the DOT and certain disclosures, OR will need to Quitclaim away any rights to the property.

Having a non-owner spouse sign the mortgage is a simple way to have her waive her homestead rights in the property, so that it will not trump the mortgage in a foreclosure.

The mortgage is the security instrument. Some states call the security instrument a security deed, some a deed of trust. Some states call it a mortgage. By signing the mortgage she is not agreeing to make any payments, even in the event of default. At least by signing this document, she knows that her husband is purchasing a residence. There are some states that do not require this practice and husbands and wives can purchase property without the knowledge of the other spouse. If my spouse were purchasing a residence, I would certainly want to know.