FAQs
Both my former spouse and I are on the mortgage. What happens now?
Navigating a home loan during a major life change like a divorce can feel overwhelming, but we are here to help guide you through it.
Important Note:
It is very common to assume that a divorce decree or a Quitclaim Deed automatically removes a former spouse from the mortgage. However, legal ownership and financial responsibility are separate. Until the loan is officially altered or paid off, both parties remain equally responsible for the payments.
To remove one party from the mortgage, you generally have three options:
- Refinance the loan: The person keeping the home applies for a new loan solely in their name to pay off the existing joint mortgage. (This requires qualifying for the new loan based on a single income).
- Loan Assumption: One person takes over the existing loan and its current terms. Please note: This option is dependent on your specific loan type (such as FHA or VA) and investor guidelines.
- Sell the home: Both parties agree to sell the property, using the proceeds to pay off the remaining mortgage balance.
Let’s look at your specific situation:
Every scenario is unique. Please contact us so we can review your specific loan type and help you evaluate which choice is right for you.