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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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I purchased a home 18 years ago as a single man.I married may

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I purchased a home 18 years ago as a single man.I married may 0f 2012 and reside in california.I am attempting to refinance property with a loan balance of 185,000 dollars on a just appraised property value of 570,000 dollars on the house does my wife have to be on title if she is on the loan?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Hello again, Joe.

If the lender relies on the spouse's income stream to loan the money for the property, the loan proceeds would typically be treated as community property, thereby providing the non-owning spouse with an interest in the separate property.

Likewise, if community assets are used to pay on the mortgage, the non-owning spouse will typically have a small but growing fractional interest in the separate property.

The non-owning spouse need not be on the title to the property to obtain a joint mortgage though under the law, although the lender can implement such a requirement based on their internal policies.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Customer: replied 4 years ago.

Hi tina I'm not sure if my reply went through but in the case of divorce will property have to be refinanced to remove spouse's name from title?

Hello again, Joe.

In the case of divorce, if your spouse retains an attorney, she will likely insist on having the loan refinanced since it can prevent her from purchasing other property and she would continue to have a liability with no corresponding asset, so it would be in her best interest to require that it be refinanced.
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