What is sole and separate property in a divorce?
What is sole and separate property in a divorce?
What is Considered Separate Property? Separate property is essentially any asset or property where it can be proven that one spouse either completely controls that asset or purchased the asset using their own funds.
Can I refinance my house in my name only?
There is only one way to have your spouse’s name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. In other words, the mortgage lender can still come after your spouse for repayment unless and until you refinance in your own name alone.
Why does a non borrowing spouse have to sign the mortgage?
The mortgage or deed of trust says that if you don’t, the lender can foreclose on the house. If your spouse isn’t your co-buyer, she doesn’t have to sign the note, but the lender may insist she sign the mortgage. That ensures the lender’s claim on the property trumps any marital rights she has to the house
Can my husband sell our house without my signature?
If you own the house as the sole owner and you live in a non-community property state, it’s just your name on the deed. You don’t need your ex-spouse’s signature to sell. In community property states, it’s a good idea to get your ex-wife to sign a quit claim deed even if her name was never on the title.
Does non-borrowing spouse have to sign closing disclosure?
There are no definitive signature requirements under TILA, so signature of the non-borrowing spouse on the Closing Disclosure would be at the creditor’s discretion or applicable state law
Can my husband take out a loan without me?
While you can get a home equity loan without your spouse as a co-borrower, you can’t get it without his consent. Even if his name isn’t on the deed, if the property used as collateral is your marital residence, the spouse must agree to the loan
Can I be held liable for my spouse’s debts?
Since California is a community property state, the law applies that the community estate shared between both individuals is liable for a debt incurred by either spouse during the marriage. All community property shared equally between husband and wife can be held liable for repaying the debts of one spouse.
