I'm looking for a little help regarding the WI marital property law:

1) If we originate a home improvement loan to a married couple in the state of WI and the loan is unsecured, must each borrower sign a statement that the obligation is being incurred in the interest of their marriage or family? Or, does this statement only apply if the loan were signed by one of the two spouses?

2) If we originate home improvement loan to a married individual in the state of WI and the loan is secured by a mortgage, and lets assume we did not have the individual borrower sign a statement that the obligation was being incurred in the interest of their marriage or family, is the Mortgage lien and Note still enforceable? (Assume too that the non-borrowing spouse did sign waive their homestead interest by signing a mortgage and right to cancel notice).

Thanks for the help!