Refinance without consent

Can my husband refinance the marital home without my signature? The mortgage is solely under his name, but we are both listed as owners on the title.

If he does cash out refinance, can the money be split as equity between the two parties? He intends to keep the house, but understands the equity must be divided. Would this be a fair option in order to split the equity without selling the house?

Since you both own the marital residence, he will be unable to refinance the mortgage without your cooperation and signature on the deed of trust or other mortgage/loan documents.

A cashout refinance can be a good way for one party to pay a distributive award or half the equity owed to the other spouse. This is done quite often when a marital residence is not being sold.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

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