Whose name is on the mortgage loan? That is what is important in the refi.
If the separation agreement requires him to deed the property to you, you can sue him for breach of contract and have the court order him to sign the deed.
If the house is in both names he will not be able to refinance without your knowledge and consent.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I have the house. He gave it up in the separation agreement. I’m getting ready to take him to court for breach of contract. he won’t sign the deed unless I refinance. He didn’t ask for that in the separation agreeement and knows I can’t because I took our marital debt on and filed bankrupcty a few years ago and I make about 15k a year to his 90k. I’ve managed to pay it for 2 years without issue. He says even after he signs the deed over he can refinance my house. I have a great rate which is way i can afford it (not really but I manage). There is no reason for him to refinance except to be a jerk. Is there anything I can do if he does go that route? Can you refinance a house that you don’t own? What about now with both names on deed? Can he do it without my knowledge or take out a second without my knowledge? I just want him off my house!