QUESTION
If I was recently divorced and I need to refinance my home but my ex's name is also on the home, can I still refinance the home?
Asked on Mar 28th, 2014 on Divorce - Texas
9 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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It depends on the language of the final judgment. Have your attorney review the document. If no attorney ask the bank personnel who is handling the refinance for opinion.
Answered on Mar 31st, 2014 at 6:36 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Probably not without your ex's signature on the document or, better yet, have your ex quitclaim his or her interest in the home to you. Then record that deed.
Answered on Mar 31st, 2014 at 6:36 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Your divorce should have addressed this. Yes, if the house was given to you in the divorce you can refi (you should have been ordered to do so) and she/he will need to sign a quit claim deed as part of the process (this too should have been in the property settlement/decree.
Answered on Mar 31st, 2014 at 6:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, you go through all of the steps for the refinance and, at its closing, obtain a quit claim deed from your ex.
Answered on Mar 31st, 2014 at 6:35 PM
Yes. He will have to execute a Quit Claim Deed as part of Escrow which will take his name off the title.
Answered on Mar 31st, 2014 at 6:34 PM
Yes. If you have a court order that the property is supposed to go to you and if you can qualify for the refinance.
Answered on Mar 31st, 2014 at 6:34 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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If the home was awarded to you in the divorce, it should be a simple matter.
Answered on Mar 31st, 2014 at 6:32 PM
If your ex will sign off on the deed, yes you can refinance it under your name alone, assuming you will qualify.
Answered on Mar 31st, 2014 at 6:22 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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You have to be able to give an enforceable lien to secure the new loan. So you'll need your ex's signature either on the loan documents or on a deed to you so that you can grant an enforceable lien with just your own signature.
Answered on Mar 31st, 2014 at 6:21 PM