Refinancing the house

North Carolina Divorce Law Divorce and Separation Answers
1

Dear philzone:

Thanks for the positive comments on our forum! No, generally a bank or financing company will not allow you to refinance until you have a signed separation agreement. Afterall, why would they want to release your wife as a possible responsible party before that? Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
RosenDivorce.com
919-787-6668

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

Greetings,

I will be retaining the marital home, and refinancing. The mortgage is currently in both of our names.

Question: Is there any reason why I can’t refinance now, even though the details have not been finalized? Or do I have to have a signed Quitclaim Deed in hand prior to refinancing?

Thank you as always for your thoughts. This is a very helpful forum.

Regards,
Tim