marital home

[confounded]

I recently discovered after 11 years of marriage that my spouse is being unfaithful to me and i am considering a divorce. We own a home that the note is in my name, but the deed and mortgage are in both names. We purchased it during our marriage. My wife has asked me to move out to give her time to think. There is a child involved too. If the spouse and i couldn't come to an agreement on who gets the home and it was awarded to her, would she be required to refinance it out of my name? Having one loan in my name would prevent me from being able to purchase another home for myself and she couldn't qualify for refinancing the current loan in her name.. There is no equity in the home either.

[Attorney Howard Iken]

Sometimes a spouse is required to refinance. But it could come out either way.


Attorney Howard Iken
The Divorce Center