Refinancing on a mortgage after divorce


#1

This is a tough one as your fiance has not financial interest in the house other than the fact that it is ruining his credit because his name is still on the mortgage and his ex has not motivation to remove it. You can do a quit claim and contact the mortgage company and explain the situation but the only real solution is to get her to refinance so his name his off the loan. Was anything specified in their divorce agreement about this? If so, he could go back to her with those papers and if necessary pursue that legally. Otherwise, he will probably need to offer to pay closing costs for refi so it gets done otherwise his credit will continue to suffer. It is worth it to get this cleared up as quickly as possible.


#2

Dear Doctorv,

If they do not have an agreement requiring her to refinance, then he cannot force her to do so. Likewise, unless they have an agreement making her responsible for the payments the mortgage company may eventually come after him for the arrearage. His only option may be to approach her and see if she will agree to refinance.

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

ROSEN.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.


#3

My fiance was divorced several years ago in NC. They owned a house. During the divorce, he relinquished the house to her. He, however, remained on the financing. After their divorce, they reconciled for 2 years. During the reconciliation the house was refinanced. He signed paperwork for the mortgage, but house remained in her name (house was orginally put in her name b/c he was deployed often and if something happened to him he wanted her to not get hung up in probate for any financial things). Anyway, we are now getting married and trying to purchase our first house. Upon review of the credit report we discovered she never refinanced after they separated and his name remains on the financing. Our question is, what can he do to get his name off the mortgage papers (since he is not on the title, they are not together, and are divorced)? Can he insist she either sell the property or refinance so his name can be removed? Also, if she claims she cannot afford to refinance, then what are his options? He also just learned today from our loan officer that his ex-wife is in arrears w/ her payments to the house. She does not live in the house–she rents it to tenants. The property is in NC and the divorce occurred in NC, altho he now lives in VA. Thank you for any information you can provide.