Can I refi a home loan in florida without using my spouse? We are separated and she signed a prenup indicating this was solely my property.

I'm in the middle of a refi and the lender is telling me she needs to sign. I do not want her in my business at all.
(0) | asked by: Ramon Alvarez | share | 1 week ago | Report
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answer by Sonia M. Caceres    |   Contact Me
If your the sole owner of a house, you can refinance without your spouse's signature or consent. If you own a property together and both of you want to remain as borrowers on the refinance loan, then your spouse will need to apply for and sign the refinance documents. You certainly need a lawyer's advice, The laws can be different, depending in what state you live in.
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answer by Carol Moson    |   Visit My Website   |   Contact Me
If you qualify for the mortgage you may be able to do that. I'm not sure what your agreement is but if you are both on title you may need to get him to deed the title to you.
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answer by Susan M. Hetzel    |   Contact Me
Please consult with your lender, and a real estate attorney. They can more properly respond to your inquiry to insure your rights are protected.
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answer by Jeff Bransford    |   Visit My Website   |   Contact Me
I suggest you talk with a lender to find out what their policy will be. I suspect she will not have to sign the note, but will have to sign the mortgage document pledging the property as security unless she transfers ownership of the property to you. That could be done with a quit claim deed.
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answer by Michael Hoo    |   Visit My Website   |   Contact Me
If your spouse is not on the note and mortgage then she will not be required to sign for the refinance.
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