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Attorney 1
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Category: Real Estate Law
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Experience:  Knowledgable and Experienced Attorney
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My ex wife and I purchased a house together before we were

Customer Question

My ex wife and I purchased a house together before we were married . Both our names are ***** ***** mortgage but only my name Is ***** ***** deed . As part of our separation she agreed to release all rights to financial compensation for the home and that she would not seek them in the future if her name was off the mortgage . I have not refinanced the home because we had been getting along pretty well since our separation and I have been paying the mortgage on my own . But now being as I have moved on and am seeing someone else she has threatened to sue me for half the house in the divorce if her name isn't off the mortgage and I am having trouble getting the refinance on a single income even though I have been paying it solo for over a year . My question is does she have the grounds to get half the home value if I cant refinance even though she agreed to not seek that in the separation agreement
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attorney 1 replied 1 year ago.

Hello, and welcome. I am a licensed attorney and happy to assist.

If a valid separation agreement is in writing and gives up interest in the home, then your ex-wife would not likely be awarded half the value in a lawsuit, as long as you have kept your end of the agreement, whatever that may be. This is particularly the case since you have been paying the mortgage and she has not. An argument could potentially be made that she remains liable on the note, and the credit risk should come with some benefit, so it would be in your best interest to get her name removed on the lender's side of things. All in all, it sounds like things will be fine.

If you need additional information or clarification, just let me know and I will be happy to continue to assist. If I have addressed your question, please remember to leave a positive rating when prompted.

Good luck!


Attorney 1

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