In a divorce, in the case of a refinance, who pays for the refinance?
<p>If my wife and I were getting a divorce and one of us wanted to keep the house and was buying the other out of their portion of the equity, being split 50/50, would the cost of the refinance of the mortgage to take the separating party off of the lease for the house typically be split between both parties or paid in full by the party keeping the house? Also say my wife would prefer to sell the house rather than keep it and sees it as the burden of the person who wants to choose the situation in which there is a refinance of the mortgage involved.</p>
<p>Thank you!</p>

<p>The person who bears the refinancing costs would be determined by mutual agreement in a separation agreement, or would be determined by a court in a decree in its discretion, which is extraordinarily broad in domestic relations actions.</p>
<p>There is no one rule governing this situation.</p>
<p>Often ability to pay is the controlling factor. Also, many refinances can roll the refinancing cost into the principal amount or be concluded with no &quot;points&quot; and a minimum of transaction costs, especially when the same lender that is already &quot;on the risk&quot; is retained.</p>

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