Legal Question in Family Law in Virginia
Refinancing during separation
My husband and I have been separated now for 4years. I refinanced the house and put the loan only in my name since I am the only one that has ever made payments & gave him 3k. It was on an arm. I needed to refinance before the rates increased. I got all the way to closing and he refused to sign. I'm at closing again and he now refuses to sign the release ppw even though he said he would. I have paid almost 1k on two appraisals. I am going into foreclosure because I can't afford the pmts now. He does not care if we (my children and I) are put out or not. If we are, can I get him for child neglect since the children live with me and we will be put out on the street? I never took his name off the title so he needs to sign the release form for me to refi. What can I do. I go to clsing this week. If not they foreclose in about 2 weeks. What can I do otherwise to be able to save my home and refinance?
1 Answer from Attorneys
Re: Refinancing during separation
Convince him to sign the documents required for the refinance or formally convey his interest in the property to you and remove his name from the title (which should've been done when you gave him the $3K).