ACFLS Family Law Blog

For the past week or two, ACFLS members have been discussing on the ListServ the issue of awarding the family residence to one spouse along with the mortgage without requiring the in-spouse to refinance to remove the other spouse’s name. Often, the result of doing this is that the out-spouse cannot purchase another house because her credit report still reflects that she is obligated on that loan. In addition, if the in-spouse defaults, the out-spouse’s credit suffers and she has no control over whether the in-spouse makes the payments on time. Some of us Continue reading The Family Residence: Is It Fair to Award the Residence to One Spouse Without Requiring a Refinance?