• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Mortgage and Prenuptial

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

TWarner

Junior Member
What is the name of your state (only U.S. law)? Louisiana
I signed a prenuptial agreement the first time I married my husband. We were married 16 years and during that time he refinanced his home twice and I co- signed on both loans and we also did a second mortgage. We divorced in Oct 2010 and remarried in Dec 2010 without a prenuptial the second time. My husband has decided to refinance the the first and 2nd mortgage into one loan. He has informed me that he can refinance by himself without me rather I approve or not due to the prenuptial from the first marriage. Is this possible?
 


justalayman

Senior Member
I don't see how your prenup would have any bearing on this at all. Quite simply: he can refi the mortgage anytime he wishes.
why would you even care if he refinances the mortgages and in doing so, removes the liability you now have?
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? Louisiana
I signed a prenuptial agreement the first time I married my husband. We were married 16 years and during that time he refinanced his home twice and I co- signed on both loans and we also did a second mortgage. We divorced in Oct 2010 and remarried in Dec 2010 without a prenuptial the second time. My husband has decided to refinance the the first and 2nd mortgage into one loan. He has informed me that he can refinance by himself without me rather I approve or not due to the prenuptial from the first marriage. Is this possible?
Tell us what the prenup says on that subject. Word for word but without the names. Without knowing what it says, it would be foolish to speculate on whether he can do something or not.
 

Ohiogal

Queen Bee
Who was awarded the home in the divorce? Does the divorce decree grant him sole possession and responsibility of the house/mortgage? If so, the divorce papers could aid him in getting the house refinanced without your approval. HOWEVER, you have a dower right in the home and most likely you would need to sign papers due to that right.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top