Don’t do it, it could backfire on you. Without something truly adjudicated (heard by a judge) the contract might have flaws which she could use against you after you have assumed the entire debt. If the wants her money lickety split then she picked the wrong state to get married.
The refinance should not take place until you have resolved all issues by signing a comprehensive separation agreement. Don’t do the deal piecemeal. Do the whole deal at one time.
Lee S. Rosen
Board Certified Family Law Specialist
The Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
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.
My wife is going to move out and get place of her own. She has not moved out yet…will be soon…with in 2 weeks I guess. She understands it will take awhile to purchase her part of the house. We have agreed to split the equity 50%/50%. Do I have the right to refinance the house, putting in under my name, starting NOW even though my wife has not moved out yet? She is anxious to get her money to get her life back on track. She has given her consent to the refi as soon as possible. Since both parties are agreeing on the process and change of “ownership” is there any law stating this can not be done until a cretin time period?