Originally Posted by
Thursdays Noted. The refinance is actually for me to get the house and mortgage in my name only.
Not to be nosy (and you don't have to answer this of course), this is to buy him out I take it and it will be agreed that this is outside of community property, assuming you are in a community property jurisdiction.
I'm sure you know but I'm mentioning it anyway that even if the house and mortgage are in your name, it's still community property, legally, until such time as he legally releases you from that.
And unless you have agreed on a cash payout, legally, there is nothing to force him to take X amount of dollars as a buyout. He could claim that market value is higher and insist on that amount or sell the house.
Anyway, you probably already know all this and I'm sure your lawyer has already advised you, just thought it was worth mentioning.