Same-sex couples who are legally married can now purchase property together titled as “tenancy by the entirety,” a legal classification previously only available to a husband and wife, which offers protection from creditors and guarantees that upon the death of one spouse, the survivor is automatically the sole owner …
Can I refinance without my husband?
If you’re 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.
Do you refinance a premarital home after marriage?
You did not refinance the premarital home during the marriage. You did not put any separate property money into the house during marriage or after separation, and that includes mortgage payments, improvements, etc. You did not “transmute” your separate property interest into community property.
Can a spouse be a co-owner of a refinance?
Unfortunately in a refinance transaction the lenders usually end up having people name their spouse as co-owners of the property. During the refinance process your lender may have told you that it would be quicker or easier to have both spouses on everything. That may be true for them, but it could have put you in great jeopardy.
When did that house you owned before marriage become community property?
Did that house you owned before marriage and then refinanced during marriage become community property?
Do you have a separate property interest in a house before marriage?
The answer is both simple and complex. Owning a house before marriage of course means it is premarital property. It also does mean you should have a separate property interest in it during divorce. However, it is the next set of questions that complicate the issue. How much is your separate property interest in the house you owned before marriage?
