Refinancing home get wife off deed

What is the name of your state? New Jersey

We are not divorced however we agreed to separate. I will refanace the home to take her off and she will move out. Is their a clause that can be incorpated into the deed that can provent my wife in the furture of claiming part ownership in my house?

Ricardom09 said:

What is the name of your state? New Jersey

We are not divorced however we agreed to separate. I will refanace the home to take her off and she will move out. Is their a clause that can be incorpated into the deed that can provent my wife in the furture of claiming part ownership in my house?

Click to expand...

Make sure that you refinance for enough to buy out her share of the equity. Because if you don't, then you will have a problem.

LdiJ said:

Make sure that you refinance for enough to buy out her share of the equity. Because if you don't, then you will have a problem.

Click to expand...

Only if she wants a portion of the house and demands that before signing a quit claim deed. The major problem is that refinancing does NOT automatically remove the wife from the deed even if she is not on the mortgage. OP is she going to sign a quit claim deed quit claiming her portion of the marital home to you? Also will you have filed for divorce by then? Or legal separation? Do you have a separation agreement?

Ohiogal said:

Only if she wants a portion of the house and demands that before signing a quit claim deed. The major problem is that refinancing does NOT automatically remove the wife from the deed even if she is not on the mortgage. OP is she going to sign a quit claim deed quit claiming her portion of the marital home to you? Also will you have filed for divorce by then? Or legal separation? Do you have a separation agreement?

Click to expand...

From a practical perspective, I would argue against trying to do a divorce or separation in pieces (first, we'll settle the house and get the paperwork taken care of. Then, we'll settle custody and go to court to get the paperwork taken care of. Then we'll do the finances. Then ......

It seems to me that it's likely to be less expensive and easier if they settle everything and get an agreement in place which covers ALL the issues at one time.

mistoffolees said:

From a practical perspective, I would argue against trying to do a divorce or separation in pieces (first, we'll settle the house and get the paperwork taken care of. Then, we'll settle custody and go to court to get the paperwork taken care of. Then we'll do the finances. Then ......

It seems to me that it's likely to be less expensive and easier if they settle everything and get an agreement in place which covers ALL the issues at one time.

Click to expand...

Normally it is.

NJ does not offer legal separation as an option. OP can file for irreconcilable differences if both parties are in agreement.

OP - you must realize that merely separating residences does not provide you with any legal protection from any debt - mountains or molehills - that may accumulate from the date she walks out the door until the date you actually file for a divorce.

She's moving out right? Can you even imagine the costs that will be incurred as she sets herself up somewhere? There's drapes, furniture for the living room, dining room, garden, bedroom, linens, towels, sheets for the bathroom, pots, pans, knives, table and chair for the kitchen, landscaping costs. And then there's that really cute convertible and Summer is around the corner...need I go on?

File for divorce. If you two reconcile, file a motion to withdraw - but start getting your ducks in a row legally NOW!