Getting a Mortgage After a Divorce

Getting a Mortgage After a Divorce


In this article, we will cover getting a mortgage after a divorce. Divorces can become not just stressful but extremely ugly, bitter, and sometimes vengeful. In very few cases will divorces be consensual and peaceful. There are countless reasons for divorce. One of the issues most couples separating run into is the separation of assets which means home. A home is one’s most valuable possession.

Will I Get a Hard Time Getting a Mortgage After a Divorce?

Regardless, in every divorce situation where a home is involved, getting a mortgage after a divorce becomes a given. Whether the couple will sell the home, refinance a home and each buys a separate home, or buy one spouse out, getting a mortgage after a divorce can get challenging. Does it have to be challenging? Of course not. We will be going over getting a mortgage after a divorce and possible solutions for each party where the final outcome can be a win-win situation. Click here to apply for a mortgage after a divorce

How Do You Qualify For a Mortgage After a Divorce?

We will discuss getting divorced and how it affects the mortgage and homeownership process. We will be going to discuss divorce. We will cover how many Americans are often at a dead end with getting their names off the current mortgage and buying a new house. What are the liabilities of not being able to refinance your name off the deed of a home with an ex-spouse?  We will go over how it affects the mortgage process and home ownership.

What Is The Number One Cause of Divorce in America?

Divorce is a part of life that can affect your life in numerous ways.  The divorce rate in the USA has remained stable over the past few years, but it is becoming less frequent than it was over the last half-century. Some divorces can be amicable without much stress or financial hardship, while others can be the exact opposite.  It is unfortunate, but divorce can become ugly.  Oftentimes there is resentment from one or both parties involved and divorce could lead to emotional and financial stress for everybody involved.

What Are Financial Hardships From Divorce?

Depending on what source you use to learn about the financial hardships of divorce, you will see varying statistics and opinions.  Some sources will say that the woman in the relationship is the one who will experience the most hardship while other sources will debate that theory and reference that the man will experience the worst of it.

How Long Does The Divorce Process In The United States Take?

Once lawyers and courts get involved, they will take a look at all supporting documents and rule on a case-by-case scenario.  During the divorce process, you are required to provide a list of all assets, and liabilities, as well as proof of all earned income which will be evaluated during the decision.  In this writing, we will try and focus on a typical situation, as hard as it may be.  The one thing to know is in reality both parties will suffer to some extent.  Research shows that divorcees would need to increase their income by approximately 30%  in an effort to maintain their current lifestyle. Again, as this is a typical example, usually the court will order the man to pay alimony and child support (if there are children involved).

How Does a Divorce Impact a Family Financially?

In today’s society, it is very common for both husband and wife to work and contribute to the household.  Studies show that if the husband contributes less than 80% of the household income, he will have a more difficult time financially than one who contributes more. As I previously mentioned, there are mixed beliefs on who truly will be affected most by divorce. According to www.creditcard.com they firmly believe that the woman will have the hardest time financially.  The national average cost of divorce per party in the United States is $12,900.

How Does Divorce Affect Housing Costs?

With the vast majority of the cost going toward attorney fees. When it comes to alimony and child support, according to the US Census Bureau only 45.6% of custodial parents actually received the full payments ordered to them in 2013. Another reason to support the case of women being faced with the most financial burden is generally speaking the Mother will be the custodial parent after divorce.  That said, a lot of mothers will have to take a temporary leave of absence from their jobs, in an effort to get a grasp on the daily activities of being a single parent.

What Happens To My House When I Get Divorced?

The first question most divorcees ask their legal counsel is what is going to happen to my house?  Do I have to sell it?  The basic answer to that question is NO, however it can be the best choice.  If the home was purchased during the time of marriage, it will be considered marital property.

How Is The House Split in a Divorce?

In this situation, you are generally left with three choices. We will cover the options on how the house can be amicably split after a divorce. We will also cover how to get a mortgage after a divorce. Qualify for a mortgage after divorce now

Remove Ex-Spouse’s Name After Divorce By Selling The Home

One of the common solutions in getting the ex-spouse off the name of the mortgage after a divorce is by selling the home.  If a judge does deem it necessary to sell the property, upon completion of the sale and paying off any mortgages or other encumbrances, the profits of the sale will be split between the parties.  The profits are known as “marital equity”.

Removing Ex-Spouse’s Name Off Mortgage After a Divorce By Transferring Title

Another solution to remove the ex-spouse’s name off the mortgage after a divorce is by transferring the title of the home.  If a court is to order a transfer of title to one party,  it will usually involve that party refinancing the home.

What Is The Use and Possession Ruling After Divorce?

Use and possession- this is a ruling from the courts that will allow the custodial parent in a divorce to continue to reside in the property for up to 3 years.  Once the time is up the property will go back to the party who is on the title, the divorce decree states otherwise.

Can You Afford The Mortgage After a Divorce?

A key factor in what happens to the house is whether or not you can afford it.  It is highly recommended during a divorce for each party to meet with a financial advisor to get a clear precise evaluation of what your financial situation will be.  Included as part of your financial situation would be a credit evaluation.

Refinancing Mortgage After a Divorce

Reasons Why Homeowners Refinance Their Mortgage Loans

If you enter a divorce with credit issues, you may need to look at ways to correct them.  With credit issues or without the financial means to pay for the house it again may be in your best interest to sell it.  If you are financially fit and have the credit to buy your ex out of the home, then that may be the option you’d want to go.

How To Refinance a Mortgage After a Divorce?

If you choose to go this route, you will start by getting the home appraised, to find out what the market value is. Once that is determined, you will also want to get a payoff on the current mortgage.  For example, if you have a house that is appraised for $250k and your mortgage payoff is $150k, you would need to refinance the home for the $150k you owed plus $50k to buy out your ex.

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Documentation Requirements for Getting a Mortgage After a Divorce

When filing for a mortgage after a divorce, you must provide specific documentation to your lender to assess your financial situation accurately. Here is a detailed list of the necessary documents:

  • Divorce Decree
    A legal document that concludes the divorce and details the terms agreed upon by both parties. Lenders will examine this to comprehend the distribution of assets, liabilities, and financial responsibilities such as alimony or child support.
  • Alimony and Child Support Agreements
    Court Orders: Official court documents detailing alimony or child support arrangements.
    Payment History: Proof of consistent payment history, such as bank statements or canceled checks, to verify regular income from these sources.
  • Proof of Income
    Pay Stubs: Recent pay stubs (typically from the past 30 days) to verify current income.
    W-2 Forms: W-2 forms from the past two years to show employment history and income.
    Tax Returns: Complete tax returns from the past two years, including all schedules and attachments, to provide a comprehensive view of your financial situation.
  • Credit Report
    Credit Report: A current credit report to assess your creditworthiness. Be ready to clarify any inconsistencies or negative entries caused by the divorce.
  • Asset Documentation
    Bank Statements: Recent bank statements (typically from the past two to three months) to verify savings and other assets.
    Investment Accounts: Statements from investment accounts (e.g., 401(k), IRA, stocks) to demonstrate additional financial resources.
  • Debt Information
    Debt Statements: Document current debts, including credit cards, car loans, student loans, and other outstanding liabilities.
    Joint Debts: Details of any joint debts shared with your ex-spouse, including how these debts were handled in the divorce settlement.
  • Property Settlement Agreement
    Agreement Details: The property settlement agreement outlines the division of property and other assets. Lenders will review this to understand the distribution of real estate and other significant assets.
  • Employment Verification
    Letter from Employer: A letter from your company verifying your employment status, position, and salary.
    Self-Employment Documentation: If self-employed, provide additional files, including income statements, business tax filings, and a year-to-date balance sheet.
  • Identification
    Government-Issued ID: A valid government-issued identification, including a driver’s license or passport ID, to verify your identity.
    Social Security Number: Document your Social Security number for credit and background checks.
  • Refinancing Documents (if applicable)
    Current Mortgage Statement: If you are refinancing the family home in your name, provide the most recent mortgage statement.
    Quitclaim Deed: If applicable, a quitclaim deed signed by your ex-spouse relinquishing their interest in the property.

Tips for Organizing Your Documentation

  • Create a Checklist: Make a checklist of all required documents to ensure you have everything needed.
  • Organize Electronically: Scan and organize your documents electronically for easy access and submission.
  • Keep Originals Safe: Store original documents safely and provide copies to your lender.
  • Update Regularly: Ensure all documents are up-to-date and reflect your financial situation.

Gathering and organizing these documents allows you to streamline the mortgage application process and demonstrate to lenders that you are a reliable and creditworthy borrower. This preparation can help you secure a mortgage more efficiently and lessen the likelihood of delays.

Frequently Asked Questions (FAQs)

  1. Can I qualify for a mortgage after a divorce?
    Yes, you can be eligible for a loan after a divorce. However, your qualification will depend on your credit score, income, debt-to-income ratio, and overall financial status following the divorce.
  2. How does divorce impact my credit score and mortgage eligibility?
    It will not instantly impact your credit score, but related financial issues, such as missed payments on joint accounts or increased debt, can negatively impact it. A low credit score can make qualifying for a mortgage or securing favorable terms harder.
  3. Will I need to provide more documentation when applying for a mortgage after a divorce?
    You may need to provide additional documentation, including your divorce decree, alimony or child support agreements, and proof of income. Lenders will want to assess your financial situation comprehensively.
  4. Can alimony or child support be considered income for mortgage qualification?
    Yes, alimony and child support can qualify as income if received regularly and expected to continue for a significant period. Lenders typically require documentation, such as court orders or bank statements, to verify these payments.
  5. What happens to the existing mortgage if I keep the family home after the divorce?
    If you keep the family home, you must refinance the mortgage solely in your name. This process involves qualifying for the mortgage based on your financial situation alone. Refinancing can help remove your ex-spouse’s liability from the loan.
  6. Can I buy a new home before the divorce is finalized?
    Buying a new home before the divorce is finalized is possible, but it can complicate the divorce proceedings. It’s generally advisable to wait until the divorce is final to avoid potential legal and financial complications.
  7. How does dividing property in a divorce affect getting a mortgage?
    The division of property can affect your ability to get a mortgage. For example, you may need to refinance if you receive the family home as part of the divorce settlement. Additionally, the division of assets and liabilities will impact your financial profile.
  8. What if my ex-spouse doesn’t pay their share of joint debts?
    If your ex-spouse fails to pay their share of joint debts, it can negatively impact your credit score and debt-to-income ratio. It’s important to monitor joint accounts and address any missed payments promptly. In some cases, legal action may be necessary to enforce the terms of the divorce decree.
  9. Are there specific mortgage programs for divorced individuals?
    While no mortgage programs are specifically for divorced individuals, various programs can help, such as FHA loans, VA loans, and conventional loans. Each program has different requirements and benefits, so it’s essential to explore your choices and choose the best fit for your situation.
  10. How can I enhance my chances of getting a mortgage after a divorce?
    To improve your chances of getting a mortgage after a divorce:
    – To rebuild your credit, Make timely bill payments, decrease your debt, and fix any inaccuracies on your credit report.
    – Increase your income: Consider doing additional work or boosting your earnings.
    – Save for a down payment: A higher down payment can make you a more attractive borrower.
    – Get pre-approved: Get pre-approval to determine your borrowing capability and demonstrate to sellers that you are a committed buyer.

Can I Get a Mortgage After a Divorce?

Getting a mortgage after a divorce is no different than any other time.  After your divorce, if you decide to buy a home, the process is like any other life event.  You first should seek a lender to perform a home buyer’s consultation. During your consultation, the lender will look at your credit and tell you what, if any, things that would need to be taken care of before you can be pre-qualified. To get qualified and pre-approved, contact us at Gustan Cho Associates at 800-900-8569 or text us for a faster response. Or email us at alex@gustancho.com.

Once you have pre-approval, you will then find a realtor who will help you find your new home and negotiate the price.  Once your offer is accepted, it will be time for you to work directly with your lender of choice to obtain financing and once again become a homeowner.

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