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There are things the banks don’t want you to know, but here at Stellar Finance Group, we don’t gate keep!

mortgages and property -
what happens after a divorce

divorce and mortgage obligations

After a divorce, mortgage obligations remain unchanged, irrespective of relationship status. If both partners are listed as borrowers, each is accountable for monthly repayments. Failing to meet these obligations can adversely affect credit ratings and may lead to penalties such as increased interest rates or potential foreclosure proceedings by lenders.

so who keeps the property?

Property division in divorce proceedings isn’t dictated by a fixed formula. Instead, courts consider various factors to achieve a fair outcome. These factors include the duration of the relationship, presence of dependent children, financial and non-financial contributions to property acquisition, and the future earning capacity of each spouse.

What are our options?

When dividing assets in a divorce, your mortgage is a major consideration. Here are three typical ways to handle the mortgage:

Refinance the Mortgage

One partner can refinance the mortgage under their name, buying out the other partner’s share. This option requires the refinancing partner to qualify for the mortgage on their own, which will depend on their financial stability and creditworthiness.

Sell the Property to Your Partner

If one partner wishes to keep the home, they can buy the other’s share. This requires the purchasing partner to secure financing independently, assuming they meet lender criteria for affordability and credit.

Sell the Home and Split the Proceeds

If maintaining the mortgage is too burdensome, selling the home and dividing the proceeds provides a clean break. This is practical if neither party can afford the mortgage solo, or if both parties prefer to start fresh.

Choosing the right option involves careful consideration of each partner’s financial situation and long-term goals. Consulting with financial advisors and legal counsel can provide guidance tailored to your specific circumstances.

This is where an experienced mortgage broker can really add value.
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Why use a stellar finance broker?

Having access to an experienced mortgage broker will enable a thorough review of your assets, liabilities, income and expenses. It will equip you with a solid understanding of what you can and can’t afford before you go in to negotiate.

Our brokers will help you navigate this process. They are expert mortgage brokers with widespread experience in helping clients through a plethora of scenarios.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
calculate your borrowing capacity and what you can afford
identify best lender option that suits your unique situation
manage the end to end refinance proces

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