Legal Question in Family Law in Texas
Uncontested divorce, agree on everything, how do we financially split the house
My husband and I are filing an uncontested divorce and we agree on everything that will be split. However we aren't sure how to legally split the house when I want to stay in it. He is happy for me to stay in the house, but wants his half. How do we legally calculate his half and how do I legally pay him for it? Do we have to go through a complete refinancing to get his name off the mortgage? Because we just refinanced at a low rate, I will not be able to afford the house if I'm forced to refinance again at a higher rate.
2 Answers from Attorneys
Re: Uncontested divorce, agree on everything, how do we financially split the ho
The instruments and calcualtions are common and there are options, but these are things which are best handled by a lawyer. It should be not too difficult for you to find a lawyer to do this for a reasonable fee.
http://www.reasonable-doubt.com
Re: Uncontested divorce, agree on everything, how do we financially split the ho
Yes you would have to re-finance the house to get his name off of it. Your divorce and property division does not affect third party creditors -- in this case the mortgage company. Only the mortgage company can agree to remove his name. A Judge cannot remove his name.
Even though you have an agreed divorce, you probably need an attorney to help you do these property division things properly.
You can always go to the Harris County Law Library and try to do the research yourself.
Their staff is very helpful but not attorneys.
Good luck!
Fran Brochstein
www.familylaw4u.com
713-847-6000
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