Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

My wife who is not on the title, co-signed my refinance. She…

My wife who is...

My wife who is not on the title, co-signed my refinance. She wants to divorce. Can she force me to refinance or sell my house?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Virginia

Lawyer's Assistant: What steps have you taken so far?

She is drawing up a no-fault divorce

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just whether she can force the sale or refinance

Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
3/16/2018
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,228
Experience: 30 years experience representing clients.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in satisfied customer ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Legal Question

Was the property acquired during the marriage?

Ask Your Own Legal Question
Customer reply replied 5 months ago
Thank you for responding - I will wait for your opinion here Loren
Customer reply replied 5 months ago
No - I bought it on my own long before marrying
Customer reply replied 5 months ago
She never made any payments/contributions in the 6 years after the refinance

Thank you fro the additional information.

VA is not a community property state and spouses can acquire and own their own property without claims of ownership from the other.

So, your ex may have a claim to a portion of the equity appreciation during the marriage, but not to the ownership or title itself.

If (and only if) you are completely satisfied that your question is answered professionally and accurately, even if not the answer you were hoping to get, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Ask Your Own Legal Question
Customer reply replied 5 months ago
my question is can she force a sale or refinance of my home in order to remove her as a co-signer?

Did she co sign the note, or just the mortgage?

Ask Your Own Legal Question
Customer reply replied 5 months ago
co-signed just the note - not the mortgage as she is not on the title

Thank you for the clarification.

Your spouse can not force anything with regard to refinance. She can ask the court to order you to refinance to remove her from the note. The court will only enter such an order if it determines that to be the equitable way to deal with that particular obligation when viewed together with the overall property settlement.

They can also order her to pay down a portion of the obligation before she is released.

The vast majority of these matters are settled with a negotiated agreement. So, it is unlikely you will be forced to do anything you do not agree with.

Ask Your Own Legal Question

Are you online with me?

Ask Your Own Legal Question
Customer reply replied 5 months ago
Thank You Loren - She owns her own home with her own mortgage. The co-sign item/issue is the only item between us that a settlement agrmt would address - I am just concerned that if my credit doesn't allow me to be the only borrower then my only option would be to sell to remove her as a co-signer

You should be able to work out an agreement to either allow her to remain on with an indemnity from you, if necessary, or a sufficiently long period of time to refinance, so you would not need to refinance under the gun.

Ask Your Own Legal Question
Customer reply replied 5 months ago
An indemnity - what would I be indemnifying her for?

Being sued by the lender due to your default of the note.

Ask Your Own Legal Question
Customer reply replied 5 months ago
Thank you very much for helping me out Loren!

You are very welcome.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

A bonus is not expected, but is always appreciated.

Thank you for using JA.

Loren

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,228
Experience: 30 years experience representing clients.
Verified
Loren and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 5 months ago
You should get 10 Stars Loren
Thanks again

You are very welcome. Thanks for using JA.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Loren Your Own Question
Loren
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 39,228
39,228 Satisfied Customers
Experience: 30 years experience representing clients.

Loren is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I have a home equity line of credit (HELOC) with my
Good evening! I have a home equity line of credit (HELOC) with my ex-husband. In 2006, he opened the HELOC and I signed the paperwork without knowing that my name wasn't put on the title for the house… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,649 satisfied customers
My residence is established in Louisiana. My question is:
My residence is established in Louisiana. My question is: what is, or if there is a statue of limitation? Regarding to petition of the home that my ex wife and I have joint ownership in. There is one … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Bought vehicle with ex wife who has since ceased to make payments.
Bought vehicle with ex wife who has since ceased to make payments. Although I am the primary owner she is a co owner. She has the vehicle in her possession and the bank will not repossess as I am in t… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I want to file for divorce...we own land on which my aunt and
I want to file for divorce...we own land on which my aunt and uncle carry the note, and in the event of a split Im pretty sure my husband would want to keep it.....Im fine with that, but I dont want t… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Hi my name is faramarz, Im divorced since 2007, but the house
Hi my name is XXXXX XXXXX divorced since 2007, but the house that me and my ex-wife bought 2004, is still under both names . I moved out like 5 years ago and ,she lives there still and pay mortgage , … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,465 satisfied customers
My ex-girlfriend and I bought a car together. My name is on
My ex-girlfriend and I bought a car together. My name is XXXXX XXXXX title as is hers, I co-signed the loan for her. She has missed a few payments and is now getting married. Can I force the sale of t… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,248 satisfied customers
My husband divorced his ex over four years ago. He gave her
My husband divorced his ex over four years ago. He gave her $30,000 for her equity in the house, and she signed a quitclaim deed giving him possession of the home. It was never stipulated in the divor… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,649 satisfied customers
last year i got a divorce. my lawyer told me i could not get
last year i got a divorce. my lawyer told me i could not get my name off mortgage of house or loan for pickup even though ex-wife got those in settlement. she said it was contract law. is this true?… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I refinanced 1x on my house n the co.who did the refine did
i refinanced 1x on my house n the co.who did the refine did so in a illegal way!he faxed the title co.stated that he didnt have all the paper work neccessary to complete the approval of the loan,he th… read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,461 satisfied customers
In Texas, Chambers Co, wife is filing a (so far ) non-contested
In Texas, Chambers Co, wife is filing a (so far ) non-contested divorce, we are both on the mortgage note. I want to keep the house as I make part of my income from there but might not qualify by myse… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I want to leave my home, live separately from my wife during
I want to leave my home, live separately from my wife during our divorce and force her to sell our home. Can I do that? I live in Massachusetts… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
If a husband, who plans to divorce (Arizona) his wife, has
If a husband, who plans to divorce (Arizona) his wife, has her sign a quick claim deed, is part of the process is that he will then need to immediately requalify for the home loan on his own? Can he p… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
My wife and her first husban got a divorce several years ago.
My wife and her first husban got a divorce several years ago. in the paper it stated she had to try to refinance within a year. she tried and was unsuccessful. Now we are going to sell the house and w… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
my husband gave his ex-wife the home when they divorced. 600k
my husband gave his ex-wife the home when they divorced. 600k home that only had about 200k mortgage balance. per the decree, she was to assume the monthly loan payments. (or she could have sold it im… read more
KimberlyLaw
KimberlyLaw
Principal Attorney
Master\u0027s Degree
3,911 satisfied customers
My divorce agreement calls for me to get my ex-wifes name
My divorce agreement calls for me to get my ex-wife's name off the mortgage. Unfortuantely the house is not worth the mortgage value and I have been unable to refinance.. Now she is takling me to cour… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
My divorced my ex husband 2 years ago and made him sign a quick
My divorced my ex husband 2 years ago and made him sign a quick deed to the house. I had said to him I would refinance but we put no time period in the divorce decree. I tried to do that a year ago an… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My fiance and I will be married in Oct. 2009. His exwifes
My fiance and I will be married in Oct. 2009. His exwife's name is XXXXX XXXXX the house. He is having trouble refinancing it because it is a modular home, and his credit is not the best either. Other… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
my wife just walked away from me after weve been ...
my wife just walked away from me after we''ve been together only for a month. she doesn''t answer my calls, doesn''t want me around her house, doesn''t want to communicate. she''s blaming me for thing… read more
Lawrence N. Rogak, Insurance Atty
Lawrence N. Rogak, Insurance Atty
Managing Attorney
Doctoral Degree
1,032 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x