Omaha, NE asked in Divorce and Real Estate Law for Nebraska

Q: I am wanting to re-finance my home in my name only. My mortgage is in my name only. I am currently married.

We will be divorcing later - possibly next year.

His (my spouse's) name is on the HELOC (home equity line of credit) loan.

Am I able to refinance, in my name only, without any signatures from him?

I married him twice, and was awarded the house in the first divorce, and the mortage is in my name, deed in my name.

He will not be cooperative.

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1 Lawyer Answer
Julie Fowler
Julie Fowler
  • Omaha, NE
  • Licensed in Nebraska

A: In theory, potentially yes depending on your current loan terms. In reality are you going to be able to find a mortgage lender that will do the refinancing without his cooperation, probably not.

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