What Happens to Your Mortgage in a Divorce? Divorce is a messy and emotional situation, and it refinance percent of income wreak havoc on your finances. One of the major assets that couples share is their home mortgage. Handling your mortgage correctly in the divorce will help you and your ex go your separate ways on the right foot financially.
Selling Is Often the Best Option Your best option is usually to sell your home. This is easiest done if you have equity in the house, and the house can be sold and the profit split. Emotionally, selling will not always be the easiest, especially if you raised your children in that home or have other fond memories. From a financial and logical standpoint, selling the home and splitting the profit is the cleanest way to deal with the mortgage.
Decide if One Spouse Can Take Over the House Payments If one spouse wants to keep the home, then they can refinance the home under their own name. In order to do this, they will need to qualify for the refinance with just their income. It is not wise or advised to trust that your ex will make the mortgage payments. Even if your name’s not on the deed, as far as the mortgage company is concerned, you and your ex spouse are both fully liable for the mortgage costs each month. Therefore, if your ex misses a payment, or if something happens to them, such as disability or death, you will still be held accountable for the payments. Even if your ex is the most trustworthy person, having your name tied to that mortgage loan means that you will not be able to get another mortgage unless you have enough income to qualify for another mortgage.
It might even prevent you from getting a place to rent, since many landlords want to be sure you have enough income to pay for the rental. Should You Sign a Quitclaim Deed? A quitclaim deed is a legal way to transfer interest of real property. Signing this deed means the person is forfeiting their claim and right to the property. Signing this deed in divorce gives the other party full rights to the home, but your name still remains on the mortgage. You will still be held accountable for any missed mortgage payments and your credit score will be affected. Remember, the deed and mortgage are two different things, and the quitclaim deed cannot remove your name or responsibility from the mortgage.
Another important thing to know about quitclaim deeds is that if you sign one, you are forfeiting the right to sell and profit from your home sale. For example, say you sign a quitclaim deed because your ex wants to pay the mortgage, but cannot afford to refinance. Now that your name is off the deed of the home, your ex can sell or refinance the house any time and will not owe you anything. When You Can’t Afford to Sell While selling the home is the cleanest solution, things get complicated when more is owed on the mortgage than the house is worth.