What kind of financing options are available to fund a divorce during a case when your name is still on the family house’s mortgage?

The divorce is final but we are going through a custody dispute. The property division hasn’t yet taken place, hence my name is still on the mortgage. It makes it very difficult to get a loan from a bank and since there will be no winnings at the end of this process, getting financing based on the outcome of the case doesn’t apply either.

Asked on July 2, 2012 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

Usually the blanket temporary restraining order that is written into the dissolution petition prevents you from encumbering the property until the property division is finalized.  You could get a stipulation from the other party that you are permitted to refinance. 

If you make less than the other party you may be able to successfully make a motion for attorneys fees.  In CA when there is an income disparity between the parties, the one making less can get attorneys fees from the other. 

Also if you are making less than the other spouse you should file for temporary spousal support-that would help with cashflow.

If you have a 401k or similar retirment plan, you may be able to borrow against that while the divorce is pending.  You may again need a stipulation depending on what the TRO in the petition states.

If you are in Ventura County and need representation in this matter our practice is focused on family law matters and recently won an award for best law firm in ventura county.  Best of luck.

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