Legal Question in Family Law in Massachusetts
family home
I received the family home in my divorce settlement - my ex pays the mortgages on the home which is solely in my name - now my ex wants to refinance my home can he do this?
2 Answers from Attorneys
Re: family home
No, he cannot.
First off, as a practical matter, if your name is the sole name on the deed, he cannot sign for the mortgage. The mortgage will have to be signed by both of you, or the loan which it secures will not be given.
However, IF the refinancing will reduce your total payments, or his, it might as a practical matter be reasonable to consider it.
This analysis requires more information, such as how long he pays the mortgages, whether you are obligated to buy him out at some point, etc. These are questions that would determine whether it is in YOUR long-term best interest to cooperate or refuse cooperation.
Re: family home
Without seeing your separation agreement, I cannot be definitive. If the home is in your name only he can't refinance.
I would think he would want to have his name removed from the Mortgsge even if he is required to make the payments. I suggest you review your separation agreement and speak to your attorney. If you do not have one you should speak to one.