Make sure your departing spouse is on the loan and the title. If only on the title, then you will not need to mortgage refinance. You can simply do a quit claim deed from a notary, deeding her/him off the property. Have your separation agreement in writing and fully executed and signed, so the new lender can see exactly who is getting to keep the home. Decide exactly how much equity (cash), if any you are going to give your departing spouse, a document that in the separation agreement. If you are getting divorced in addition to getting separated, then we will need a copy of the signed divorce decree as well. Matthew D. DiBrino is a former practicing matrimonial attorney and is well versed in the mechanics of this type of transaction. This will ensure that your refinance goes smoothly without any unexpected hiccups.
