Does HARP refi constitute sell of marital home?

Asked almost 2 years ago - Stockbridge, GA

My divorce settlement requires me to put the home I shared with my ex-husband (divorce finalized 4 years ago) on the market 6 years after the divorce. After fees and my down payment, principle payments I have been making since a year before the divorce and repairs I have paid for the home, we are to split the profit 60/40 with 40% going to him. I recently refinanced my home (it has always been in my name soley) under HARP. I am receiving a grand total of $100 (because of a credit from my new lender) as a result of this transaction. Does this HARP refi constitute a sell and am I in compliance with my divoce settlement?

Attorney answers (3)

  1. Randall M. Lipshutz

    Contributor Level 16

    3

    Lawyers agree

    Answered . Since your settlement agreement is not posted, and it should not be, I can only give you a general answer. You should talk to your divorce attorney for more specific advice. Generally, a refinance is just a restructure of the loan, and it would not be a sale of the property under Georgia real estate law for purposes of most divorces. However, your divorce settlement could have said something else. Check with whomever you used for your divorce. It should be a quick call and a quick answer.

    This answer is for general purposes only, and it does not create an attorney-client relationship.
  2. Glen Edward Ashman

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Almost certainly not unless you have some truly bizarre wording in your papers. Since the wording of your papers is the sole source of the answer, you should be calling the one person who has read them - your lawyer from the divorce.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... more
  3. Ikemesit Amajak Eyo

    Contributor Level 18

    1

    Lawyer agrees

    Answered . A "sale" involves a buyer relinquishing ownership to a seller. A "refi" involves the owner paying off an existing loan in exchange for a new loan but maintaining ownership of the property. These are not the same thing.

    The real question is whether your divorce decree would allow you to refinance the loan rather than selling the property. It is most likely that it won't, but that question cannot be answered definitively without knowing what your decree says. You should consider asking the attorney that represented you in your divorce if this would satisfy the requirement.

    ~ Kem Eyo

    The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... more

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