Legal Question in Family Law in Indiana

Divorce Advice
I'm a third party in this situation, my fiancee and his current wife have been separated for two years. They are still going through the divorce paperwork, etc. They bought a house two and a half years ago, (she lived in the house for about 6 months). He would like to keep the house, she moved out at the beginning of the separation period. He asked her to sign a quit claim deed and she refused stating that it would stay on her credit. Can he refinance the home in means of removing her name but take no cash back - only refinance for the amount due on the home? Is this something that needs to go through their attorney or can they do it on their own with the mortgage lender? What exactly is a quit claim deed? I know that I'm being selfish but before I join this circus, (I have never been married), I just want to know what I am getting into. I don't want him to refinance the home for any extra money, which I'm assuming that she would receive half and I end up on the mortage making payments on money that she received.

Asked on 3/14/07, 12:38 pm

0 users found helpful

0 attorneys agreed

Re: Divorce Advice

Yes he can refinance the house and not take back cash and yes he should run this through his divorce attorney.

Answered on 3/15/07, 2:23 am

Keywords

Match Any Match All

Country

State

Area of Law