Divorce from bed and board


#1

How long does this roughly take from when papers are filed to judges decision ?
Also if neither party can document income to support house on their own would judge rule house be sold and
debt split ( house is upside down ) or would one party win house and income not be an issue ?
If house note is in one spouses name and the other spouse wins divorce from bed and board are they required to refi or will bank just change existing note with no documentation or typical loan procedures ie credit check , income check etc.?


#2

Depending on what claims are included in the Complaint, the local rules in your county, and the docket in your county. A case that includes all claims could take up to a year or more before hearings can be had on all issues.

If neither party can afford the home, it would likely be ordered to be sold. In the event the party whose name is not on the note ends up keeping the home the judge can order that the note be refinanced.


#3

so it is not as simple as the note being transferred and he would be subject to review for a loan as anyone else would ie income to support loan , credit score?
If house is abandoned by me (whose name is on note only ) would it still be subject to refi or would court or bank just change name on note and disregard whether he can document supporting such a loan ?


#4

There typically has to be a refinance as many banks do not offer assumptions anymore and the new debtor must qualify individually for a new loan. If you abandon the home it is still subject to ED, and could be refied. The bank cannot simply change the name on the note.