Can i refinance home and lease out if going through divorce?

UPDATED: Oct 5, 2016

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Can i refinance home and lease out if going through divorce?

I am in texas. My wife is not on deed. I know I cant sell without her approval but can I refinance and lease out?

Asked on October 5, 2016 under Family Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Whether or not you can refinance will depend on any orders that are in place and your refinance company.
More and more counties have adopted 'standing orders' which prohibit any changes or indebtedness while the divorce is pending or without the approval of the court.  If you have standing orders or temporary orders the prohibit the refinance, then you cannot and should not refinance.
If there are no orders which prohibit you from refinancing, then you still have the issue of the refinance company.  Some will consider it a 'community debt' and will not let the refinance go through without your spouse's approval.
If you are not sure, then you are best holding off until after your divorce is completed so as to avoid any backlash by your judge.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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