Refinancing the Marital Home in a Divorce

Refinancing the marital home in a divorce situation is typically required in order to remove one spouse from the mortgage and to pay the other spouse their share of equity in the property.

The number one mortgage lender error when working with divorcing clients is to assume the new mortgage is a ‘cash out’ mortgage which carries higher interest rates and limits access to the property equity. In order for the borrowing spouse to qualify for a standard non-cash out refinance, how many months does the borrowing spouse need to be on title to the subject property?

The borrowing spouse must currently be on title to the marital property for a t least twelve (12) months prior to the mortgage loan application in order for the new mortgage to be considered a non-cash out mortgage. If the borrowing spouse has been on title for less than the required time, the new mortgage must be considered as a cash out refinance and will limit the new loan to value of the home at 80%. If the current mortgage on the property is already at a 75% loan to value, the borrowing spouse may only take an additional 5% equity out of the property in a ‘cash out’ scenario. If the vacating spouse was to receive 15% of the remaining equity in the property, the borrowing spouse would be short on the equity buyout by 10%.

To further discuss how to refinance the martial home when going through a divorce, contact a Certified Divorce Lending Professional. To find a CDLP in your area, click here.

This is for informational purposes only and not for the purpose of providing legal or tax advice. You should contact an attorney or tax professional to obtain legal and tax advice. Interest rates and fees are estimates provided for informational purposes only, and are subject to market changes. This is not a commitment to lend. Rates change daily – call for current quotations.

Copyright 2018 Divorce Lending Association. No portion of this post may be reproduced without the written consent of the Divorce Lending Association.

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