What happens to my mortgage in a divorce?
You’re both still liable until the loan is changed
Even if one partner moves out, both parties remain legally responsible for the mortgage until the loan is refinanced, sold, or otherwise settled. Missing payments can affect both credit scores and increase financial stress. It is in both parties best interest to make sure the mortgage repayments are paid on time as it can affect each of you for future finance applications.
Option 1: Sell the property
Selling is often the simplest solution. After the sale, the mortgage is paid out and any remaining equity is divided according to your legal agreement. This can provide a clean break, but it may not be the right move if the market is down or if kids are settled in the home.There are also additional costs that need to be factored in, such as real estate agent commissions and marketing fees, and stamp duty on the purchase of your next home. These costs can be significant.
Option 2: One partner refinances
If you agree for one person to keep the home, they can apply to refinance the loan in their own name. This involves proving they can afford the repayments on their income alone. If approved, the other partner is released from the loan and their share of equity is typically paid out.
Frequently Asked Questions
What happens if we miss repayments during separation? Missed repayments can damage both credit scores if you are both on the existing mortgage, even if only one partner is living in the home.
Can we take one name off the mortgage without refinancing? No. The only way to remove someone from the loan is through a full refinance or sale.
What if neither of us can afford to refinance? Selling may be the only viable option unless . Speak to a broker early.
Do we need to get a valuation? Yes. An independent property valuation (or a real estate agent appraisal if selling) is essential to work out the current equity and ensure a fair split.
How is equity divided? It depends on your legal agreement or court decision. The split may not always be 50/50 and can take into account contributions and parenting arrangements.
Can I keep the house if I’m on a single income? Possibly. You’ll need to show you can service the loan alone. A broker can help you explore options, including government support schemes if eligible. Applying for family tax benefits and commencing child support payments with consistent amount and frequency of deposit are important (if applicable)
Will this impact my ability to borrow in future? Yes. Until the loan is settled or refinanced, it’s considered part of your liabilities. It will affect your borrowing power for a new home purchase.
Do we need legal advice? Always. Property settlements in divorce are complex and legally binding decisions should not be made without professional guidance.
Important considerations:
- Legal advice: Always get legal guidance before finalising any property settlement.
- Support matters: A broker who understands separation and finance can help reduce the overwhelm.
- Valuation matters: Get an independent property valuation to fairly assess the equity – your broker and solicitor will guide you through this.
Navigating mortgage decisions during divorce can feel daunting, but you don’t have to do it alone. With the right support and strategy, you can move forward with clarity and confidence.
Licensing statement: Rayne Finance ABN [70 605 100 838] is authorised under LMG Broker Services Pty Ltd Australian Credit Licence 517192. Disclaimer: (1) As with any financial scenario there are risks involved. This information provides an overview or summary only and it should not be considered a comprehensive analysis. You should, before acting in reliance upon this information, seek independent professional lending or taxation advice as appropriate and specific to your objectives, financial circumstances or needs. This publication is provided on the terms and understanding that: (2) LMG Broker Services Pty Ltd, Rayne Finance (Seed Lending Pty Ltd) and the authors, consultants and editors are not responsible for the results of any actions taken on the basis of information in this publication, nor for any error in or omission from this publication. (3) LMG Broker Services Pty Ltd, Rayne Finance (Seed Lending Pty Ltd) and the authors, consultants and editors, expressly disclaim all and any liability and responsibility to the maximum extent permitted by the law to any person, whether a purchaser or reader of this publication or not, in respect of anything, and of the consequences of anything, done or omitted to be done by any such person in reliance, whether wholly or partially, upon the whole or any part of the contents of this publication.
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