House of Mortgage

House of Mortgage

Mortgages and Divorce: Keeping Your Home During Life’s Changes

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Divorce or separation is a challenging time, and amidst the emotional and logistical complexities, handling mortgage issues can add another layer of stress. For many couples, their home represents not just a financial investment but a symbol of stability and security. However, when relationships break down, decisions about homeownership become crucial. Here is some guidance on how to navigate mortgages during a divorce or separation.

Communication is Key: Open and honest communication between partners is crucial when it comes to mortgage matters. Discuss your options openly and try to reach a consensus on what to do with the family home. Whether it’s selling the house, buying out one partner’s share, or continuing joint ownership for a period, clarity is essential.

Understand Your Mortgage: Take the time to review your mortgage documents thoroughly. Understand the terms and conditions, including any clauses related to divorce or separation. Knowing your obligations and rights regarding the mortgage will help you make informed decisions.

Explore Your Options: There are several options available when it comes to dealing with the mortgage during a divorce. Selling the house and splitting the proceeds is one common approach. Alternatively, one partner may choose to buy out the other’s share, refinancing the mortgage in their name alone. Another option is to continue joint ownership for a certain period, allowing time for market conditions to improve before selling.

Consult Professionals: Seeking advice from legal and financial professionals is highly recommended. A divorce attorney can help you understand the legal implications of various decisions and ensure that your rights are protected. Additionally, a financial advisor can provide valuable insights into the financial implications of different options and help you make sound decisions for your future.

Consider the Long-Term Financial Impact: When making decisions about the family home, consider the long-term financial implications for both parties. Can one partner afford to keep the house on their own? Will selling the house provide enough funds to secure alternative housing? These are important questions to consider when evaluating your options.

Prioritize Emotional Well-being: Divorce is emotionally taxing, and decisions about the family home can be emotionally charged. It’s essential to prioritize your emotional well-being throughout the process. Seek support from friends, family, or a therapist to help you navigate this challenging time with resilience and grace.

Plan for the Future: Once you’ve resolved the mortgage issues related to your divorce, it’s important to focus on rebuilding your financial future. Create a budget, set financial goals, and develop a plan to achieve them. Whether it’s saving for a new home, investing for retirement, or starting a new chapter in your life, having a clear financial plan can provide a sense of direction and stability.

Remember, while navigating mortgages during a divorce can be challenging, it’s essential to approach the process with patience, empathy, and a focus on finding solutions that work for both parties. By communicating openly, seeking professional advice, and prioritizing your long-term financial well-being, you can navigate this transition with confidence and emerge stronger on the other side.

3 Things You Need To Know About Divorce And Homeownership

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3 Things You Need To Know About Divorce And HomeownershipDivorce can be an incredibly emotional and financially stressful time. Questions about what happens to assets and the family home add to the anxiety. Each state has divorce laws that differ and that can complicates decision-making.

For example, marital assets are distributed differently in community property states from equitable distribution ones. The idea of 50-50 splits may be a myth because judges have the discretion to deviate from even percentages. That being said, these are three things you should know about homeownership when contemplating divorce.

Who Gets The House?

This often ranks as the biggest question among divorcing spouses. Many years ago, it was assumed that the wife automatically gets the marital home. But laws have changed, and same-sex marriages don’t bring a difference in gender to the process.

These days, marital homes are generally subject to either community property divisions or equitable distribution. That means the court will either split it 50-50 or weight the equity in one person’s favor for a specific reason.

In divorces that include minor children, the parent who enjoys primary custody may be given an opportunity to remain in the home. This is often done by spouses agreeing to that solution. It’s also not uncommon for a court to order the home to be sold after children reach the age of majority.  

Risks Of Co-Ownership After Divorce

Continuing to maintain joint ownership after divorce presents certain risks. In all likelihood, there will be a mortgage attached to the property and failure to make timely payments by either party puts both credit histories at risk. If one person falls on hard financial times, a court-ordered liquidation may be necessary. On the other hand, the other owner may have to foot all the bills to protect their credit rating.

Another risk associated with joint ownership is that the person living in the home may not adequately maintain it. Homeowners are all too familiar with ongoing maintenance and repairs. The home could end up losing value due to negligence. Although joint ownership has its child-rearing and potential value appreciation benefits, it can be risky.

When A Home Is Not A Marital Asset

Although states take different approaches to divide assets in a divorce, not everything is included in the so-called “marriage.” There are a number of items that are usually considered separate and apart from the marriage such as personal items, tools of a trade, pre-marital assets, and most importantly inheritance.

It is not uncommon for people to inherit a family home from parents or other loved ones. That property may not constitute a marital asset unless steps are taken to merge it.

For instance, putting a spouse’s name on the deed or leveraging its equity for a joint purpose may be considered co-mingling it with marital assets. However, if it remains separate and apart from the marriage, chances are that it will not be on the table for distribution during the divorce.   

Homeownership and equity are handled differently from state to state. It’s important to speak with a legal professional about your unique situation. 

If you are in need of assistance to refinance your current property, your trusted mortgage professional is ready to help.