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"The right thing to do is to refinance after the divorce." The spouse staying in the house will need to refinance the mortgage in order to remove their ex from all rights and obligations to the property, but that’s not as simple as it sounds.
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This can be money in a brokerage or retirement account that would otherwise be yours after the divorce. It could be other tangible. getting pre-approved before proceeding with a formal mortgage.
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You may want to get your name or your ex’s name off the mortgage. But perhaps not; it depends. If you are planning to buy a house, and your ex is living in the home you co-own, then ideally, your ex needs to refinance in his or her name. That will decrease your debt and increase your odds of being able to get a new mortgage.
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Refinancing is often the best option for spouses when one spouse intends to take over the house and the mortgage following a divorce. Generally, the spouse who gives up the home completes a quitclaim deed giving up any rights he has to the home, while the other spouse refinances the mortgage in her name only.
A divorce agreement might spell out a limited time frame to refinance and require the home be sold and the net proceeds split down the middle if the deadline isn’t met.
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A divorce decree can order that one spouse gets the home subject to refinancing, but it can’t order that person to take the home if she doesn’t want, or isn’t able, to refinance. Marital Equity It’s typically not enough to simply refinance an existing mortgage if one spouse is keeping the property as part of the divorce.