Legal Question in Real Estate Law in Illinois

Re: Refinance

Any title company or lender that knows what it is doing will require your wife to sign the mortgage, truth in lending statement, and notice of right to cancel. In such a case, she would not be obligated to make any payments. I assume you want to do this because it will save you some money, so I cannot understand why she would not want to do that. Even if she does not make the payments, lowering your house payment would allow you to have extra money to spend on her, right?

Re: Refinance

You may be able to, it depends on the lender. Chances are that she will have to sign some documents but wont have to sign the mortgage.

However, since financial issues are usually a major cause in divorces, you may want to consider your next step very carefully.

Re: Refinance

It probably depends on who's on title (the deed). The title and the mortgage have to match exactly. I'm assuming she (at least) used to be on title since she is on the current mortgage. Therefore, if you've "quitclaimed" your wife off title (removed her from title) since your last loan, you should be able to refinance without her. But if she's currently on title, she'll have to be on the mortgage and therefore you can't refi without her cooperation.

Contact me if you have any further questions.

Re: Refinance

It probably depends on who's on title (the deed). The title and the mortgage have to match exactly. I'm assuming she (at least) used to be on title since she is on the current mortgage. Therefore, if you've "quitclaimed" your wife off title (removed her from title) since your last loan, you should be able to refinance without her. But if she's currently on title, she'll have to be on the mortgage and therefore you can't refi without her cooperation.

Contact me if you have any further questions.