Should you refinance before or after divorce?

Should you refinance before or after divorce?

Starting the refinance process before the divorce is filed is by far the quickest and easiest path. This is because, when you talk to your mortgage lender about refinancing, they will ask you your marital status.

When does a divorce decree require a spouse to refinance?

When a divorce decree requires a spouse to refinance, he must at least attempt to do so. If he tries and cannot refinance, the couple can return to court for a modification to their decree.

Can a judge force a bank to refinance a divorce?

Because banks are not required to comply with a divorce decree, a judge cannot force a bank to offer the refinancing party a new loan if he doesn’t qualify. Thus, a divorce decree can indicate that a party needs to refinance, but the refinance may not be possible.

What to do if ex spouse does not follow divorce decree?

In essence, you are asking the court to simply enforce its order. Be sure that you do NOT request jail among the relief requested, because that may result in a court-appointed attorney for your ex… You should consult a local attorney about enforcing the divorce decree requiring that she remove your name from the mortgage.

How did my ex spouse refinance my house?

When our assets were split in our divorce 7 years ago, the house was awarded to my ex. I signed a quit claim and received a buyout. She was ordered to refinance the home immediately and remove my name from the mortgage.

When a divorce decree requires a spouse to refinance, he must at least attempt to do so. If he tries and cannot refinance, the couple can return to court for a modification to their decree.

In essence, you are asking the court to simply enforce its order. Be sure that you do NOT request jail among the relief requested, because that may result in a court-appointed attorney for your ex… You should consult a local attorney about enforcing the divorce decree requiring that she remove your name from the mortgage.

Because banks are not required to comply with a divorce decree, a judge cannot force a bank to offer the refinancing party a new loan if he doesn’t qualify. Thus, a divorce decree can indicate that a party needs to refinance, but the refinance may not be possible.

Can a court order prevent an ex wife from refinancing a house?

Unfortunately, in the tradition of the proverbial “blood from a stone,” if your ex-wife’s income after divorce really does prevent her from refinancing the house, a court order will have little effect.