Is it illegal to refinance before a divorce process to get spouse off mortgage?

More specifically, my wife doesnt want house which there is little equity anyway. We are going to do FHA streamline to take her off then take her off title afterwards. Again, she absolutely wants nothing to do with home. As far as lender is concerned we are still technically married and have not filed anything. Can we be sued or go to jail if we divorce a few months after refinancing? I have not lied to the bank because we ARE married, we just told them she wants off the mortgage, which is also technically true.

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    3 Responses to “Is it illegal to refinance before a divorce process to get spouse off mortgage?”

    1. BetheOne Says:

      I am not sure if it is fully illegal. It depends on the state but federal laws will come into play since you are not being honest about the borrowers income. I’d say it is deceptive if it went to court when you both knew fully well you are in the divorce process. you should at that time simply refinance into your own name and qualify individually or she will be a tenant in common instead of "joint".

    2. anonimitie Says:

      You just refinance it in your name only. Nothing illegal about it at all. You could do it even if you weren’t divorcing.

      Talk to Chase (Is that who you decided to go with?) and let them know the situation. You’re not the first person to be going through this.

    3. KL Says:

      You will have to credit-qualify on your own with the streamline, but no, this is not an issue. At time of divorce your wife will have to sign a quit-claim deed since she’ll still be on title. As long as the lender fully qualifies you with just your income and credit, though, you’ll be fine.