SUN AND SAGERise Real Estate

Who gets the house in a divorce?

Divorce house ownership and buyout papers with keys

What happens to the house depends on ownership, mortgage, equity, affordability and the divorce agreement. Get a current picture of the property's value and loan obligations, then coordinate real estate decisions with legal advice.

Separate the property decision from the loan obligation

Ownership, mortgage responsibility, equity, and the divorce agreement are related but different. A deed controls title; the loan documents control who owes the lender; the divorce process determines how the spouses must handle the property between themselves. Removing a name from one document does not automatically change the others, so the sale, refinance, or buyout plan must address each part.

A buyout requires both an equity agreement and a loan plan

Estimate value, subtract the mortgage and other liens, and determine how the parties will treat selling costs or credits. The person keeping the home must also be able to carry the payment and usually needs an approved way to remove the other borrower from the mortgage. Signing over title alone does not eliminate loan responsibility.

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