Can my husband refinance the house without me?
Daniel Santos
Updated on February 12, 2026
If you’re the sole owner of a house, you can refinance without your spouse’s signature or consent. If you own a property together and both of you want to remain as borrowers on the refinance loan, then your spouse will need to apply for and sign the refinance documents.
Can I refinance my house before the divorce is final?
Oftentimes, you can get this agreement before the divorce is final, but you’re still looking at several months before you’ll be able to refinance. Need help refinancing? Call Accunet for expert guidance on refinancing in any stage of divorce.
Who is responsible for mortgage after separation?
The bank expects the home loan to be paid, whether by both or either of you. You are both jointly and separately responsible for the full amount of the loan. If the loan is not paid, the bank may take possession and sell the home to pay it.
Can you refinance a house in someone else name?
Yes, it is possible to transfer a mortgage; however, it’s not always easy. You will get the options like transferring an assumable mortgage by requesting your lender to make the change, refinancing the loan in the new owner’s name, transferring when the situation demands a loan’s “due on sale” clause, etc.
How does refinancing work in a divorce?
Refinancing after a divorce will depend on what you decide to do with the property you jointly own. Generally, you have three choices: Sell the property and split the profits; Buy out your share of the property.
How do we split the house in a divorce?
Understanding how the home can be divided
- sell the home and both of you move out.
- arrange for one of you to buy the other out.
- keep the home and not change who owns it.
- transfer part of the value of the property from one partner to the other as part of the financial settlement.
Can you remove someone’s name from a mortgage without refinancing?
It may be possible to take a name off the mortgage without refinancing. Ask your lender about loan assumption and loan modification. Either strategy can be used to remove an ex’s name from the mortgage. But not all lenders allow assumption or loan modification, so you’ll have to negotiate with yours.
What happens when you refinance a house after a divorce?
If you refinance after filing for divorce, you will have to report to the mortgage lender that you and your spouse are separated. Unlike refinancing beforehand, you will have to wait until you have a written agreement between you and your soon-to-be ex-spouse detailing how much one party will be paying the other – if anything.
What happens to separate property after a divorce?
If the value of the separate property goes up only by luck (for example, random changes in the market) then the rise in value is still separate property. If the value of the property goes up because your spouse helped to improve the property, then the rise in value may be considered marital property.
Who is the owner of the house after marriage?
Marriage does not automatically give you ownership of your spouse’s assets. Where the family home was bought and registered in both spouses’ names, they are the joint owners. However, where the house is registered in the name of one spouse only, it may be solely that spouse’s property.
Can a spouse stay in the home during a divorce?
However, if you’re going through a divorce, it’s unlikely you’ll want to stay in the home with your spouse. Even if you leave your home, you will still maintain ownership. There are multiple ways this can be resolved:
