Divorce is a life transition that brings numerous questions. Among them, you will wonder what will become of your home.
If you alone are listed on the title and the mortgage, then by default, you are likely to keep your home. Your spouse will move out, and you will continue paying on your mortgage. The only reason you would lose your home in that scenario is by court order.
If it is your ex alone who is on the title and mortgage, then they are the one who gets to keep the home, unless the court orders otherwise.
In scenarios where both of you are on the title and the mortgage, things become more complex. There are a few possible results, depending on a range of financial factors as well as what you (or the court) settles on.
- One party buys out the other: If one party can afford to buy out the other, and if that person is willing to leave, then they can buy that person’s equity and stay in the house. This is one of the simplest and most straightforward approaches, especially if both former partners are in full agreement about who will get the home.
- One person gives up their equity: If one person wants out of the house, they may trade their equity to the other. In return, they just need to receive some other equal asset(s). In a drawn-out divorce, one party may also sometimes give the other their equity in the home to conclude things faster.
- Both parties sell the home: Sometimes neither party can afford to buy out the other, and/or there is a major dispute about who will get the home. To settle the issue, sometimes the court will order (or the former couple will decide) to sell the home. Both people can then take out their equity.
If one person is going to stay in the home and the other is going to leave, only the remaining person’s name can be on the mortgage. To take the other person’s name off the mortgage, the person who will stay in the home needs a divorce refinance. The lender will determine whether or not to grant the refinance based on whether that person alone can afford to keep up with their mortgage payments.
The title also will need to be dealt with if both names are on it. A lawyer can help you to remove the name of the person who will no longer be co-owning the home.
Contact MMS About Divorce Refinancing
We know that no matter what your situation is, moving forward quickly with your life is a priority. MMS is experienced with divorce refinancing, and can walk you smoothly and rapidly through the process. If you have questions or you would like to apply for a refinance, please call (248) 788-0800. We can help you refinance in Farmington Hills, throughout Michigan, and in 14 other states.