Legal Question in Family Law in Pennsylvania

Should I refinance my home if I am consider divorce


Asked on 10/13/13, 12:29 pm

1 Answer from Attorneys

These are 2 different issues that may or may not have anything to do with each other. You provide no relevant details here. Is your spouse on the deed to the home or just you? Is your spouse on the mortgage or not?

If your spouse is on the deed to the home, then I would not refinance until you have 100% of the equity in the home and this is all settled in a written separation agreement. If the house is separate property and your spouse is not on the deed, then you can do what you want with the property including refinancing it.

A separate issue is why you want to refinance. Are you getting a lower interest rate? Is your spouse's name on the mortgage and you have a separation agreement giving the home to you but requiring you to refinance solely in your name?

Before you start refinancing your home you need to speak to your family law attorney who will be handling the divorce and related equitable distribution issues.

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Answered on 10/14/13, 12:24 pm


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