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Why do you need a new mortgage if you keep your home?

On Behalf of | Jan 19, 2023 | Divorce |

Keeping your home after a divorce is certainly one of the options that you have. It may mean that you have to buy out the share of the house that your spouse owns, though, if they are unwilling to keep it jointly. Most people do not want to do this, and many people would prefer to sell the home and just divide the earnings. But if you want to keep it, you can likely give your spouse what they would’ve earned in a sale, either in cash or in other marital assets that you are willing to give up.

One thing to know about this process, though, is that you probably have to refinance and get a new mortgage on the home. If that home is already affordable and you already live in it, why do you need to do this?

Your ex would be a cosigner

The problem is that staying on the same mortgage that you already have means that your ex is a cosigner. This is assuming that both of you took out the mortgage together, of course. If you did not, then you do not need to worry about this. But two people who took out a joint mortgage are both still responsible for that mortgage, even if they get divorced. Your spouse will likely want you to get a new mortgage so that, in the unlikely event that you can’t afford to pay it in the future, they would not be obligated to do so on your behalf.

Working through a divorce

Dividing assets in divorce can be complicated, so it’s very important to know exactly what legal options you have as you work through this process.

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