Legally Separated, Wife In House. Can She Refi?

[justfoundout]

What is the name of your state? California

Hi, my spouse and I are going to be legally separated. I will let her live in the house while I make the payments on it. Can she refi the house or borrow against it in anyway w/o my consent? The house is jointly owned.

Thanks!

[seniorjudge]

Q: Can she refi the house or borrow against it in anyway w/o my consent?

A: No.

[justfoundout]

Thanks. Now is that because both our names are on the deed or is this something I would need to put in the separation agreement?

tia

[seniorjudge]

Q: Now is that because both our names are on the deed?

A: Yes.


Obviously, in the separation agreement, you will need to make it clear who is to pay the mortgage, insurance, etc. Make it very clear and plain so there will be no whining by either side.

(Actually, everything in the agreement should be very clear and plain so there will be no whining by either side.)

[justfoundout]

Originally Posted by seniorjudge

Q: Now is that because both our names are on the deed?

A: Yes.


Obviously, in the separation agreement, you will need to make it clear who is to pay the mortgage, insurance, etc. Make it very clear and plain so there will be no whining by either side.

(Actually, everything in the agreement should be very clear and plain so there will be no whining by either side.)

Thanks. I'm working hard to spell out every last detail and consider every scenario.

[seniorjudge]

Originally Posted by justfoundout

Thanks. I'm working hard to spell out every last detail and consider every scenario.

You are welcome.

[justfoundout]

While I'm on this topic.

If she fouls her life up and has to file for bankruptcy or creates a credit disaster for herself is there any legal precedent, tool, or verbage available for me to deflect liens against this joint asset? Or will I always be hanging in the wind through the legal separation?

btw, I will be consulting an attorney to check my work and give advice, but my appointment isn't for a couple weeks.

Thanks again.

[seniorjudge]

Q: If she fouls her life up and has to file for bankruptcy or creates a credit disaster for herself is there any legal precedent, tool, or verbage available for me to deflect liens against this joint asset?

A: Not that I know of; stand by to see if others have an opinion.