QUESTION
Can I get divorced with both our names on the mortgage?
Asked on May 01st, 2012 on Child Custody - Missouri
More details to this question:
I am wanting to get divoreced as soon as possible. I am not sure if the house is a seperate issue from the divorce. My spouse is not able to get the house refinanced to get my name off of it and it is not the best opition to sell the house at this time. Does this issue need to be resolved before the divorce can be finalized? Everything has been agreed and this is the only pending issue.
1 ANSWER
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The house is marital property and will need to be dealt with as part of the divorce. Resolution of this issue can take many forms and involves more choices than sell or refinance. Resolution could include agreements as to who would live in the house, who would pay the mortgage, who would pay for repairs, what access the other would have, how much time should pass before the house should be listed to be sold or how much time should pass before refinancing should be complete. The language for these alternative resolutions will need to be precisely crafted to protect both parties, therefore I would suggest consulting an experienced divorce attorney in your area.
Answered on May 04th, 2012 at 2:04 PM