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Is there a way to refinance my home without consent or knowledge from my spouse?

Sounds strange i know, but we are currently separated and living in different states but are still legally married. The home is in my name and ive made all payments. Must the lender have her approval? by marvin_atten321276 from Pooler, Georgia. Oct 2nd 2013 Reply


Unfortunately, no....if she's on the loan, you'll need her permission.

Oct 2nd 2013
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Jericho Cherry (Jerichocherry)
#54 ranked lender in Virginia - 1,107 contributions

If she is not on the loan you, you don't need her consent to refinance. However if she is on the deed there are some forms that she will have to sign during the refinance process.

Oct 2nd 2013
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Kimberly Lawson (kilawson)
#54 ranked lender in Ohio - 150 contributions

I'm not sure about your State but, in Ohio, we are able to use a limited power of attny. Maybe if you spoke with her and explained what you were doing she'd be agreeable to sign a limited (one time) power of attny to you in order for you to refinance. OR.... better yet, if you're getting attnys involved anyway, maybe you could just have a "quit claim deed" drafted for her to sign. Georgia seems just like Ohio with "Dower Rights" so, you'll need her to sign either the LPA/Quit Claim or she would need to be present (or willing to sign off Dower with a local attny/notary) in order for you to obtain financing.. Best wishes, Kim Lawson, Ohio Licensed Mortgage Loan Originator. Contact and licensing information can be found on my profile.

Oct 2nd 2013
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Jason Vondrak (jvondrak)
#220 ranked lender in California - 1,741 contributions

If you are the only one on the loan you will not need her consent or permission. However if she is on the deed you will need to have her sign some forms. If she is also on the loan you will need her permission in order to refinance the property under just your name.

Oct 2nd 2013
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Dave Metsker (DaveMetsker)
#35 ranked lender in Oregon - 2,318 contributions

If she is on the ownership title, you will need her consent. If there is sufficient equity, consider buying her out from the refi proceeds.

Oct 2nd 2013
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Whether or not she is on current loan is irrelevant. The only question is whether or not she is on title to the property? if she is, yes - she will need to sign "spousal" documents at closing that acknowledges the refinance. Or she can sign a quit claim deed to remove herself from being an owner of the property. if she not on the title, you can proceed with the refinance as is.local lender in Atlanta. happy to help in any way I can. www.buckheadhomeloans.com. 404-303-7411

Oct 2nd 2013
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William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

If it's your home and in your name only and you live in it and you wish to refinance it, then you can refi and you wouldn't need her permission. If she's on the deed but not the mortgage, then she might have to sign a few documents.. .. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. 480-287-5714 WilliamAcres.com

Oct 2nd 2013
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Whether or not she is on the current loan is irrelevant. the only question is whether or not she is on title to the property. If she is, then she will need to sign "spousal" documents at closing that acknowledges the refinance. or she can sign a quit claim deed to remove herself from title. if not on title, you can proceed with the refinance. local Atlanta lender. www.buckheadhomeloans.com. 404-303-7411. happy to help in any way I can.

Oct 2nd 2013
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