If your spouse is on the title and/or mortgage with you, then you may refinance in your name only and have them removed from title BUT only with their consent. They have to also be at the closing.
Thanks Edward David American Home Loans 866-281-5363 Ext. 1020
You need to discuss it with your lender. If you are unable to refinance then the mortgage will remain in both names regardless of any divorce agreement and both remain responsible in the case of a default. Any person who gives up their interest in marital property in a divorce proceeding must make certain they will no longer be responsible for paying the mortgage. Generally, that can only be accomplished by a refinance.
See your lender. You may have to refinance because the mortgage was based on both your credit, income etc. If that is the case you will have to go through an entire new mortgage process just for yourself. If you cannot afford to refinance on your own, the other person can force a sale of the house by using the courts.
Many mortgage advisers will do this but also small consulting companies. Of course you have to be prepared to pay some money for the consultancy. Depending on the case some of them can offer you a free consultancy.
If he is on the deed, yes. If you can afford to keep paying the mortgage on your own it would be better to refinance in your own name and make him an offer and buy him out. On the other hand, even if he leaves he is responsible for the mortgage in the case of a default. A foreclosure would ruin his credit also.You should consult with an attorney about a divorce and the real estate you own jointly.If he is on the deed, yes. If you can afford to keep paying the mortgage on your own it would be better to refinance in your own name and make him an offer and buy him out. On the other hand, even if he leaves he is responsible for the mortgage in the case of a default. A foreclosure would ruin his credit also.You should consult with an attorney about a divorce and the real estate you own jointly.If he is on the deed, yes. If you can afford to keep paying the mortgage on your own it would be better to refinance in your own name and make him an offer and buy him out. On the other hand, even if he leaves he is responsible for the mortgage in the case of a default. A foreclosure would ruin his credit also.You should consult with an attorney about a divorce and the real estate you own jointly.If he is on the deed, yes. If you can afford to keep paying the mortgage on your own it would be better to refinance in your own name and make him an offer and buy him out. On the other hand, even if he leaves he is responsible for the mortgage in the case of a default. A foreclosure would ruin his credit also.You should consult with an attorney about a divorce and the real estate you own jointly.
This question is incomplete. In most districts, you cannot incur new debt if you are a debtor in an active chapter 13 case. To refinance or incur any new debt, you have to obtain the consent of the Standing Chapter 13 Trustee in your case.
You need to discuss it with your lender. If you are unable to refinance then the mortgage will remain in both names regardless of any divorce agreement and both remain responsible in the case of a default. Any person who gives up their interest in marital property in a divorce proceeding must make certain they will no longer be responsible for paying the mortgage. Generally, that can only be accomplished by a refinance.
No appearence means that someone who was meant to be present, in court, wasn't there - didn't appear = no appearence. And without that person there, the court couldn't do anything about the divorce case.
no, its illeagal until you are divorced
No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.No but in the case of divorce it may be considered marital property.
In a divorce dismissal case it means that , your case was not strong enough , for the judge to grant a divorce.
One can become a respondent in a divorce case when their partner files for a divorce. The one who files the divorce is the petitioner and the other partner is the respondent.
Unless the divorce decree states that they do, no, not unless the person having full custody permits it.
It is not up to you. The "other person" can begin a divorce action without your "approval". Get a lawyer to explain your rights in your state, otherwise you may be very sorry when the case gets to a courtroom. - - - - - You need to get a lawyer and contest the divorce.
No. The couple is legally married until they have been granted a divorce. That means they are legally entitled to each other's estate in the case of death.
See your lender. You may have to refinance because the mortgage was based on both your credit, income etc. If that is the case you will have to go through an entire new mortgage process just for yourself. If you cannot afford to refinance on your own, the other person can force a sale of the house by using the courts.
Many mortgage advisers will do this but also small consulting companies. Of course you have to be prepared to pay some money for the consultancy. Depending on the case some of them can offer you a free consultancy.
A droped case