Bulletin: DC000020

It is with pleasure that we advise you that it will no longer be necessary to obtain the execution of non-title spouses and domestic partners on deeds of trust.   Recent legislative changes in the District of Columbia have now clarified this issue and this will no longer be an underwriting requirement for District of Columbia loans.

As noted in Bulletin DC00019, Section 15-502 of the District of Columbia Code provided as follows:

"A mortgage, deed of trust, assignment for the benefit of creditors, or bill of sale upon exempted articles is not binding or valid unless it is signed by the spouse or domestic partner of a debtor who is married and living with his or her spouse or domestic partner."

Unfortunately, DC Code Section 15-501 included as exempted articles "the debtor's aggregate interest in real property used as the residence of the debtor".  Because of this, our DC underwriting requirements mandated that non-titled spouses and domestic partners also sign all deeds of trust which would be insured by Stewart Title. 

Through the tremendous work of the DC Land Title Association, remedial legislation was introduced to address this issue and the legislation was enacted into law on March 14, 2007.  Thus, it is no longer necessary to require that a non-titled spouse or domestic partner sign a deed of trust encumbering property in the District of Columbia.

Please note that these changes do not affect the other various rights that have been granted to registered domestic partners in the District of Columbia .  All other portions of Bulletin DC00019 with respect to domestic partners continue to be applicable and should be followed.  This is especially important when dealing with cases where property is being distributed via intestate succession.