Legal Question in Real Estate Law in New York

Name not on mortgage or deed

I am separating from my husband. although we bought the house in 1998 and was married in 1982, his name is the only name on the deed. i recently found out through a phone call from a mortgage company that he is trying to refinance which means that I will get less money when the house is finally sold. can he refinance w/o my approval. we are still married. he is out of the house and we are going for a legal separation. can i have a court order to halt all proceeding involving the house until my final divorce. I need HELP!


Asked on 2/22/07, 7:08 am

1 Answer from Attorneys
Frank Pintauro Donohue & Partners, PC

Re: Name not on mortgage or deed

You can seek a temporary restraining order, which requires the filing of a motion with the court by order to show cause. Also, assuming he does refinance, but this act is done just to reduce the "marital pot" and hence your share, the court, during divorce proceedings could recapture that money back into the pot and you husband would have to pay your half back.

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Answered on 2/22/07, 10:16 am


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