If 2 people own a house and r selling under divorce can one of them take out a home equity loan without the others concent

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If 2 people own a house and r selling under divorce can one of them take out a home equity loan without the others concent

If a divroced couple are selling a house as part of there agreement can 1 of them take out a home equity loan

without the others consent?

Asked on August 22, 2018 under Real Estate Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, they cannot. Regardless of divorcing or not, when there is more than one owner of real estate, the consent or agreement of all of the owners is necessary for a home equity loan, HELOC, mortgage, etc. The loan/mortgage potentially affects ownership of the home--e.g. if the loan is defaulted on and the home foreclosed--but one owner cannot unilaterally (on his/her own) affect the ownership rights of the other owner(s).


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