If you keep the house after a divorce, you’re bound to have a lot of questions. Are you solely responsible for monthly payments? Can you be held accountable if your former partner defaults?
It’s important to make sure these issues are ironed out in the divorce proceedings. This isn’t territory you want to be unclear or left up in the air. A deed can be transferred fairly easily, but the mortgage is more complicated. You’ll need to talk it over with your lawyer and lender in order to figure out the best course of action for your circumstances. You or your former partner can assume the loan individually, but this needs to be coordinated through the bank – which may not be amenable to these changes without its own considerations.
If you and your former spouse each plan to pay off a portion of the mortgage but only one of you will live in the home, then any adjustment to this also needs to be done through the bank. A divorce decree can require a number of things regarding the mortgage, but it still requires the lender to agree.
And remember, if your name is on the mortgage, you are liable for payments even if you do not live there. You will have to make mortgage payments after a divorce if your former partner doesn’t. While not all divorces are acrimonious, this is still territory where it’s better to have things in writing.
Mortgage payments after a divorce can become very complicated very quickly. The best course of action is to be clear about what you want and have everything drawn up by your lawyer. Even if you’re still friendly with your former partner, a simple mistake or misinterpretation on someone’s part can make two people feel like the other is taking advantage of the situation. When it comes to mortgages and other debts after divorce, we highly advise that all of it is hammered out in the divorce agreement.