How long will judge give me to refinance my house after a divorce?

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How long will judge give me to refinance my house after a divorce?

What is the legal time to refnancea house after a divorce to get my wife’s name off the mortgage. Married 27 months and stupidly refied my house to fix it up to sell it. My business down and instead of traveling more to increase income, we agreed for me to stay home more for our 4 kids (none together); she took new job requiring her to travel 1-2 days a week. My income fell way below requirement to get a loan. But I have been making payments without any problems, never late. We have pre-nup agreement so property settlement easy. This loan is the problem. Can I get 48-60 months. She says 24.

Asked on July 9, 2011 under Family Law, Alabama

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If she  is not going to have any rights in the home and it is just a matter of getting her name off, you'll be given a deal deal of leeway. In this economy refinancing is easier said then done. You will probably get the time that you need. If, however, she is entitled to some of the equty in the house then you may be a shorter lease.  Quite possibly 2 years before you would have to try and sell it. However, that sale could take a while.

If you get jammed down the line and in fact need more time you may want to try what is know as a "novation". While these are not typically granted its worth a try. A novation could be accomplished by you proving to your lender that you have paid the mortgage without your ex-wife.  As long as you are current and have never been late with payments, the lender may remove her name from the mortgage.  A lender may also allow a novation if you "buy" your her release by making a substantial payment to reduce the principal mortgage balance.


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