Refinance of Home


#1

Dear crybaby:

Greetings. First, did you buy the house during the marriage? Also, by divorce papers, do you mean that you have filed for divorce after 1 year of separation? Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.COM

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.


#2

I purchased the home in 2002. Spouse wants date of separation to be 1999, which would exclude home from settlement but excludes years of his retirement pay to me. We did not live together due to job requirements (him military). But we continue martial relations and the concept of marriage. I always thought and lived as thought I was married. I’m thinking he lived and talked married around me and lived single out of eye sight (dual personality). He has not contributed to the home in any way. If I go with 1999, I do not have to share the home with him but lose retirement benefits. Question was, if I refinance now, lower interest rate, how does that effect me? Can I refinance now, he filed for a divorce, I have to answer.


#3

Dear crybaby:

Greetings. First - AVOID THE SLIPPERY SLOPE. The date of separation is the last date you lived together as husband and wife and one of you intended it to be permanent. You may be able to negotiate for what you want anyway, but never lie in a court document.

If you refinance now, he needs to sign a quitclaim deed or a free trader agreement so that his name is not placed back onto the deed of the property. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.COM

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.


#4

Mmmmmm - First, his name is not on the deed and never was. I purchased the home free of him. He never made a payment nor is he on the title.

Reading your statement - We separarted because of jobs. We (as far as I knew) were still married. We mingled as a couple. Visited each other. Made decision about the children and finances. We just lived a part. One because of our job and because I couldn’t tolerate the cheating (unsafe environment)and lies. I had hoped that he would change. Now with the divorce, he is claiming, separated for 6 years when he was just in my bed on a contineous bases over the last year. My lawyer, says it will be a court decision of date of separation. He is lying. Do people get away with stuff like this? I considered us married and he never led me to believe different.


#5

Dear crybaby:

Greetings. When you are married, your spouse has to sign off their automatic “presumed” interest in any real estate when you sell or refinance, despite the fact that they may have never had their name on the property.

Yes, if the parties are living in separate homes, there is a presumption that the date they stopped living together was the date of separation. This is only a presumption though. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
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

ROSENDIVORCE.COM

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.


#6

Divorce papers are filed. I purchased my home 3 years ago without spouse and spouse has not contributed to payments of home nor is his name on the title. I’m told it is martial property. I would like to refinance the home for a lower interest rate. Can I do this while going through the Divorce? He never lived in the home, only visited. Will he be intitled to the equity I recieve from the refinance if any is received?