The Post-Divorce Mortgage: Tips to Help You Set Up After You Split Up

Marci • February 1, 2015

When it comes to divorce, there are many things people have to consider in order to protect themselves and ensure that their future will be brighter. Splitting assets, such as a home, is something you should pay special attention to, especially with the high value of Vancouver real estate. If you are on the hunt for a post-divorce mortgage, here are some tips to consider.

Staying in the Home: Buying Out and Refinancing

Just because you’re going through a divorce doesn’t mean you’ll necessarily want to give up your home. Especially if children are involved, you may wish to stay in the home you love. Divorce doesn’t always mean having to divorce your home, after all. Instead, you can opt to stay in the home by buying out your ex-spouse and taking out a mortgage to refinance the home in solely your name. If this is the best option for you, you should ensure that your spouse will need to agree to be removed from the Title to the home signs a quitclaim deed, which will mean they relinquish their rights to the home. The terms of this are generally agreed to and included in the Separation Agreement. If you are securing a new mortgage to buy out your spouse, the Bank will need to review this agreement. It will most likely be a condition of your new mortgage approval that the Separation agreement is signed off and court approved.

If Your Spouse Wants to Keep the Home

If your spouse, on the other hand, wishes to stay in the home and you are ready to move on, you should ensure that they buy out your share of the home’s equity, and that you are protected and relieved from the responsibilities of the home. If your name is still on the deed title, you are responsible should your spouse default on the mortgage. Therefore, take extra care to ensure that your name is removed from the deed or title and any existing mortgage. A Deed of Trust to Secure Assumption is a document you can consider having your spouse sign, which will allow you to take back ownership of the house if your spouse defaults. This will also allow you to foreclose on the home, if necessary.

Selling the House and Splitting the Equity

Often, neither of the parties will wish to stay in the home after divorce, in which case the home will be sold and the assets will be split as agreed upon. While the property’s true value, mortgage penalties, and real estate fees should all be taken into account, each party should understand the process of getting a post-divorce mortgage. A pre-approval will still be required, this time based on your sole income. If alimony or child support is a part of the divorce agreement, a lender could require up to three months of deposited funds before approving your application. Again the Separation Agreement will be important here and may be required by the bank in order to secure an new mortgage approval.

Regardless of which route you and your spouse wish to take when going through a divorce and starting your lives again separately, it is important to do your research and understand the process thoroughly. Always ensure that you’ve spoken to a professional about your situation, and be sure you put measures in place that will protect you. After you’ve done all of the necessary due-diligence, you will be well on your way to getting yourself set up for a brighter future and a new beginning. If you’re in this situation or are dealing with other homeownership issues, send us an email today.

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