Married but no longer together, I want to refinance my home.

[DK1]

What is the name of your state (only U.S. law)? NJ

I am married but my wife are unofficially separated right now. I want to refinance my home that I've owned well before we knew each other for a much lower rate but have not because I'm concerned with how ownership may be effected / legally viewed if I refinance while we are married and I don't even know if the refiance would require her approval.

Any advice? Can I refinance without her approval and if so does this impact the position of ownership? Is there anything else I should consider for refinancing when unofficially separated?

 

[OHRoadwarrior]

Don't refi in your name yet. Wait until the property distributions are determined.

 

[FlyingRon]

The refinance is CERTAINLY going to require her approval. The security can not be put in place without (all) the owner's permission. In most cases lenders aren't inclined to issue loans unless all the owners are responsible for the loan as well. Even if they would do it in your name alone, as pointed out, you don't want to do that if there's a chance the divorce/property division is not going to award the entire house to you. Unless you have sufficient other marital assets to give to your wife to offset her equity in the property, it's going to be an issue.