If you want to keep the house in your divorce, can you keep your mortgage?
  1. Home
  2.  » 
  3. Property Division
  4.  » If you want to keep the house in your divorce, can you keep your mortgage?

If you want to keep the house in your divorce, can you keep your mortgage?

On Behalf of | May 26, 2021 | Property Division

You do not want to lose the house in your divorce. Fortunately for you, your ex doesn’t want it. This seems to pave the way for you to take it as part of the asset division process, while your ex gets other assets to balance out their share of the property division.

But do you need to change anything with your financial situation? You bought the home together and got your mortgage together. Do you get to keep that mortgage now that you’re getting a divorce, or will you need to apply for a new one?

Your ex may be the one who decides

You might not end up making this decision. It may come down to what your ex approves. 

Remember, if you keep the joint mortgage, this means that your ex is also responsible for the monthly payments. That does not automatically change just because of your divorce, nor will the bank care that you are divorced when it comes time to collect.

If your ex wants to get out from under that obligation — they don’t want the creditors to come calling if you stop paying — then you will have to refinance with a new mortgage. If you qualify on your own, this takes your ex officially out of the equation. You can then keep the home on your own terms. 

Don’t overlook key financial steps as your marriage ends

You can see that there is a lot to consider, financially and legally, when getting a divorce. Be sure that you carefully consider every step you need to take at this time. Working with an experienced advocate can help you avoid a serious mistake.

Archives