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Just looking to refinance my house. I bought the house prior…

Customer Question
Just looking to refinance...

Just looking to refinance my house. I bought the house prior to marriage as my separate property. I married a few years later. Now I am going through a divorce. My soon to be ex-wife was never added to the title of my home and she wont be added to the title with this refinance. But, I have to vest as a married man. does this mean that she will now own half of the house?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Has any paperwork been filed?

Not with the court. She moved out a while ago. we are preparing to file soon

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 6 minutes by:
11/23/2017
Real Estate Lawyer: Barrister, Lawyer replied 8 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,068
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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No, the property would still remain your separate property as long as you have not added your spouse to the deed or commingled it with marital assets.

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You would just be refinancing as a married person, but would own the house as your sole and separate property. The problem you will run into with a refi is that even though she doesn't own it, she has a possibility of inheriting it if you died with no will before a divorce was done. So any lender is going to require her to sign off on her interest disclaiming it before they will refi it.

.

So you may be stuck until after the divorce if she is unwilling to sign off on any disclaimer of her potential interest.

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 8 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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