Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
Tax, SDIRAs & Cost Segregation
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated over 5 years ago, 05/27/2019

User Stats

66
Posts
30
Votes
Cristin Andrews
  • Rental Property Investor
  • Houston, TX
30
Votes |
66
Posts

HELOC/Home Equity - divorced but ex still has title claim

Cristin Andrews
  • Rental Property Investor
  • Houston, TX
Posted

I have 95% of my primary residence paid off (200k equity) and am looking at a HELOC or Cash out Refi to invest in real estate and also thinking about paying off the remaining 5% with these funds so I only have one payment. I am a high income earner with no other debt so DTI is not an issue. I'm leaning towards HELOC as I anticipate drawing 50k chunks of money at a time but am concerned about rising interest rates and the variable nature of HELOC rates.

Also, I started a refinance a few years back when rates got really low and was told that because my divorce docs awarding me the house did not have the full and complete block address that my ex still had a claim to the property and would have to come to signing (amicable divorce so he was willing to do that). Things got busy and I never completed the refi. I’m not sure how his claim might come into play in this situation. Does anyone know steps I can take independently to remove him from the title? Can we just sign and file something somewhere? How do I determine the correct description for that document. The one in the divorce decree was taken directly from the property closing documents.   I bought the house on my own but he acquired right to it as we are in a community property state and we were married at the time of purchase. 

Given this situation does a HELOC or cash out refi make more sense?

I appreciate your input. 

Cristin

Loading replies...