Divorce and Mortgages

Thinking about a second mortgage before divorce?your divorce paperwork with the county's records
Here are some things you may want to know.office. This is due to the fact that once the divorce is
Mortgages and loans can be tricky and have manyfinal; the paper work may have changed.
factors when going through divorce. Why do lendersIn the beginning of the proceedings, the initial divorce
want to know the details of your divorce? Becausepapers write out the separation of property and child
everything can change after the divorce and thesespousal support. This document is not binding. Any
changes determine when and how they collect on thedecision made in these papers can be altered before
loans and mortgages.the divorce is finalized by both spouses and/or by a
The details listed below are items lenders want tojudge. The lender requires the final decree then signed
know:by the judge to validate information on the original loan
1. Alimony and child support: One spouse may beapplication.
paying alimony or child support. This can affectNow if both spouses are on the property loan, but one
monthly debts for the spouse paying and maywill keep the property after the divorce is final, then the
determine how much they can afford to pay on theperson leaving the property would sign a quit claim
loan.releasing any ownership interest.
2. Division of Assets: Most divorce settlements requireIf the loan is not refinanced under the single owner's
a division of assets such as a savings account. If aname, then the ex-spouse is still on the loan and can
lender requires reserves or available cash funds tostill be liable for payments- even if they have no
apply for the loan, this may actually affect qualifyingownership interest. The debt will still be on the spouses'
for a loan.credit reports and may possibly be a determination
3. The final divorce decree: This may require that thewhen going to buy a new home and applying for a
property be sold as a part of the division of assets.new loan.
Lenders do not want to lend money to properties thatIf the spouse who still owns the old home defaults on
will soon go on the market after the divorce becausethe loan, the other is still responsible for payments and
they do not make money on the property until severalmust take precautionary measures because this
months after the loan closes. Divorces can cause theaffects their credit too.
spouse to buy out the property from the other spouseIf the ex-spouses name is removed from the title it
in the separation of assets. Did you have to purchasecannot be removed from the mortgage loan papers.
the home from your ex-spouse? Once you have filedLenders do not allow anyone to be removed from a
for divorce and the papers are already in process, thisloan to protect their investment. Anyone can be added
does not stop you from getting a loan, but manyto a loan.
factors might come into play as the divorce papersTo purchase a new home after the divorce [ the
might be drastically altered after the divorceex-spouse will have to prove and document they
proceedings. This can then change the terms of themake enough income to qualify not only for new loan
loan.but be able to pay the mortgage on the old home as
If you need to refinance on your mortgage, butwell.
paperwork has not been filled out and you need toAll this can affect your credit and qualifying for new
refinance to get the cash to buy out the other spouse,loans.
you'll want to apply and close you loan before you file