My ex is still on the mortgage, but my name is on the deed only. Will I still be able to get a home equity loan to replace my roof without my ex consent?
Child Custody Lawyer
I think this would be a question better asked of the bank that you seek a loan from. They'll tell you if it's doable or not.
This response is for general purposes only and does not establish an attorney-client relationship. You should contact an attorney to fully discuss your issues.
4 lawyers agree
Criminal Defense Attorney
You have to search for a bank that will loan you the money to get the roof fixed.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
Why don't you want to tell your ex? Not sure if you're divorced or not, but I think it would be wise to have him/her involved. It seems like this could be something that you need not pay for alone. If you take the loan out in your name only, it'll be much harder to get him/her to help pay for it. Best of luck, my friend!
These answers are not intended nor shall it be deemed to be the rendering of legal advice, they are given based on the limited information provided which is insufficient to give meaningful advice. These answers shall not be construed as part of the creation of an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Questioner has responsibility of obtaining legal advice and, if financially feasible, hiring a competent attorney to handle his/her case.
Family Law Attorney
It depends on what was stated in your final judgment. If you received the house as part of an equitable distribution award and you are able to have him removed by a refinance of the mortgage, he would likely be for removing his name from the obligation. Having his name on the mortgage without actually having use of the home can weaken his personal purchasing power. Also, if you are the one paying the mortgage, and you are paying timely, then you are building his credit, not yours so you would want to get that fixed asap. If you are temporarily getting exclusive use of the residence until a child reaches the age of majority, and then the house is to be sold and proceeds divided equally, then he is likely to be also responsible for helping to and sharing in, the costs involved in keeping up the residence.
I have only ever seen a mortgage company NOT take into consideration a current loan on the purchase of a new property as to the buyer who might not meet their requirements because of having too much debt due to the mortgage on the residence which is a now the ex-spouse's property, if that ex has been keeping up the payments for a minimum period of time.
At the end of the day, it's going to depend on what your final judgment says.