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For many people divorce is about the emotional issues and sorting out the children. There is a very important financial aspect to a divorce. The property division of a divorce is about more than fighting over who gets the house and cars. These are important property issues but they may not be the most important issues.
Refinancing during separation. My husband and I have been separated now for 4years. I refinanced the house and put the loan only in my name since I am the only one that has ever made payments & gave him 3k. It was on an arm. I needed to refinance before the rates increased. I got all the way to closing and he refused to sign.
If there is no mortgage on the home, and one spouse plans to keep it as part of the settlement, the process is simple. "The attorney prepares a quit-claim deed and records it as part of the divorce," says Watson. "The home belongs to just one spouse from that point forward.". Most homes have a mortgage, though.
With a Texas Equity mortgage, the property must be refinanced as a Texas Equity 50 (a) (6). While an Owelty lien could stand alone, most lenders will not refinance just the Owelty lien and require Texas Cash Out triggers. In addition, Owelty liens are specific to homestead, or primary residence, properties.
This is one reason why it is important to be represented during a divorce by an experienced family law attorney who understands potential landmines such as the mortgage after a divorce. In addition, Texas courts cannot force the banks to grant a party release from their responsibility under the mortgage agreement.
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Refinancing the loan on separate property, during the marriage, does not change the property’s character but likely creates a claim for reimbursement. In re Marriage of Jordan, 264 S.W.3d 850 (Tex. App. – Waco 2008, no pet).
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Texas A6 law: Cash-out loan and other refinance options. The state of Texas will impose a serious penalty on a lender when excess charges are revealed. In addition, a home equity loan cannot be closed within 12 days after a person applies for the loan and it must be closed at an office of the lender, at an attorney’s office or at a title company’s.