Greetings. The legal impediment is that you need a quitclaim deed, separation agreement, or free trader agreement now for your wife’s interest in the property to be cut off. Despite the fact that you qualify for the loan on your own income, they are not going to relinquish her as a party on the loan until they are sure she will not have any marital interest in the home. Therefore, the impediment is that lenders cannot trust people to do what they say they are going to do - that means that you need the correct paperwork now to remove your spouse’s name from the deed and the loan.
Also, I would hate it for you to later have a change in the situation and find yourself having to refinance again or paying for a home that she alone is living in. Best of luck.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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