How Can I Keep My House in a Divorce

Are you getting divorced and want to keep the family home? If so, you are in good company. Lots of people want to avoid the disruption of a move…especially in the middle of a divorce.

How can you keep your house in your divorce? Here are the three primary methods divorcing couples use to accomplish that goal:

ASSUMPTION OR RELEASE OF LIABILITY
(a) One spouse’s name is simply removed from the mortgage loan
(b) You keep your old interest rate
(c) Rare, but getting a little bit easier to acquire. (I have only started seeing release of liabilities beginning mid-2022.)
(d) Must be done after divorce (assumption)
(e) High fees

REFINANCE
(a) A brand new mortgage in just one spouse’s name
(b) Must pay current interest rate
(c) A job is usually necessary
(d) Spousal/child support counts as income; must show 6 months of payments
(d) High fees

MAINTAIN SAME MORTGAGE
(a) Affects debt-to-income ratio of spouse who moves out
(b) Spouse who moves out remains liable on the mortgage loan
(c) Interest rate stays steady and no fees
(d) Will need tight parameters of time to refinance. Will also need consequences for non-payment of mortgage (such as an immediate sale of house)

Remember, it’s essential to work with a divorce mediator or lawyer, in addition to a mortgage lender, to find the best path forward for your unique situation.

Helpful Blogs:

[KatlegoMaseka]

I want to remain with the house when we divorce, Iam the one who bought the stand and I built the house from scratch, I have two cars obviously the other is going to be for him and I want to remain with my three kids, the reason for divorce is constantly cheating, is possible to get what I want or can you advise

[LeightonMalani]

Hey *Digitsaltruthseekers, * just wanted to express my gratitude for your exceptional work. Your attention to detail and professionalism were instrumental in helping me win my divorce case. Your team truly sets the standard for excellence

[katejoyce]

What if we decide to get a divorce but then agree to keep the house and continue to share the mortgage payment to be able to pay it off and for our son to inherit it. Would that be possible if we both agreed to it?

[semrauzun]

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[kljthkd]

My husband gifted me a house. And my husband filed a divorce case against me regarding this house and made many allegations against me. And I live in this house. Because of this house I am not getting legal help, I do not have a lawyer. I don't have any children. And I don't work. Because depression and anxiety, receiving universal credit. What should I do please help me.
Thank you

[zelisozel]

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[andrewmangiacapra]

my daughters husband is not giving any money towards the bills can i make a cash offer to buy him out before the divorce is final

[jacquelineborges]

Can my ex sign a quit claim deed to me if he have a VA loan ? The court assigned the house to me.

[kathytodd]

In Ohio I own my house. Spouse not on mortgage or title. I paid all mortgage payments last 12 years automatically deducted from my checking account. Second marriage and we never combined accounts of any kind. Is he going to be able to get half the equity?

[jqnilce]

When my father passed about two years ago, he left me with $150K. I put all of it into a downpayment for our new house that we now own for over a year. Can I get that downpayment back after the divorce or is it now considered commingled and half of whatever is leftover from the sales will go to my spouse?

[TheOtherAllens]

This is fantastic information. Though, we have been struggling to find answers to our specific situation. My husband would like to keep the marital home but will not qualify for the refinanced amount needed to buy me out. Is it possible in a divorce situation for him to add a co-borrower to potentially qualify?

[janicecramer]

My husbands name is not on the deed. I have been paying the mortgage and there isn’t much equity since I just purchased it. Do I still have to partition the home if he is not on the deed?

[KaylaniTatum]

Massive shoutout to *Digitsaltruthseekers!* Your dedication and expertise were game-changers in my divorce proceedings. Thanks to your thorough work, I could trust that every detail was handled with care. Can't thank you

[LauritaGarza]

What if the house is paid for and we have very small children.
This is our case, I want to keep the house wich is is my half. The reason for divorce is lack of communication even though we speak the same language, my husband don’t really talk to me only when he wants to and we have two kids under 3, he bought the a paid for house months after we got married, he is a great dad and loves his kids but I feel very lonely and neglected. I feel bad for breaking up our marriage because I love our kids and wanted them to grow up with both parents but I can’t do this anymore.

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[shannonpeterson]

If you trust your spouse, you’re getting an amicable divorce with and you want him to stay in the family home can you make a legal promissory that they pay you the equity at a later date?

[TamelaTaylorCoaching]

Question!!! My ex husband was living in the marital home for five years after our divorce. I won the house in court and was ordered to pay him 20K in equity. I sent my lawyer the 20K for him to pick up but he must first sign the quitclaim deed with my lawyer in order to pick up the check. He refuses to pick up the 20K check because he doesnt want me and our two children living in the same city as he does. He told the judge that he still lives in the home but he is actually remarried and living with his new wife in her home. What recourse do I have to make him "move" out of the home or to get him out so that me and my children can move in, since the house was awarded to me?

[quentinh]

The question that I have is, my wife left the marital home took all of the furniture, appliances, found another home to rent, and still asking for half of the marital home.