Maybe. It probably wouldn't be a very good idea though. If you get divorced, this could possibly be considered martial property since it was purchased during the marriage. I'm currently going through a divorce and purchased a house while the paperwork was still being processed. For the most part, if you're still with your spouse and have not divorced yet: you cannot hide the house because it is one of your assets. the only avenues of opportunity i see are: 1) you purchase the house but under a trusting family members name (mother/father). Using money from YOUR account and not a joint. 2) If you want the house in your name....THOROUGHLY document and leave as much a paper trail as possible showing the expenses came from your accounts. That way, even if divorce might occur, you will have no problems arguing the case for your house. 3) if you file for divorce...clearly document on the divorce papers that yourex spouse has no financial rights after a certain date. then, and only then, can you hide the house as an asset (if it's purchased after the assigned cut off date) I strongly suggest you do not hide it because if you should ever re-finance...you WILL need a spousal signature whether he knew of the house or not. You don't want that. hope this helps!
If the home is titled in your name only, your ex-spouse should have no need to know about your refinancing it. If your ex-spouse's name remains on the title, your ex-spouse would not only have to know about it, he or she would have to co-sign any promissory note related to refinancing the home loan. No legitimate financial institution would issue such a loan without a co-owner's signature. Moreover, if a loan were secured without the ex-spouse's signature or through fraudulent means, he or she would have a legitimate claim if the property went into foreclosure.
You can refinance without the spouse but you will need their consent to do so. If the spouse is on the title of the home, the answer is "no". If the spouse is on the existing mortgage the answer is "no". If the spouse is not on title you need to indicate on the loan application that you are married, and if you don't is fraud. At the time of closing she/he would have to be present. Inform you spouse of your actions.
If you mean legally, then I would imagine it would depend on if you had children with the drug using spouse. If you do, it would be best to notify the police or contact an attorney. You have a responsibility to keep the children safe, and keeping them in a place where one parent is using drugs is not safe. If not, then all you would have to do is pack and leave.
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