Since most couples have a   joint mortgage – one where both names are on the mortgage and title of the   home – when separation or divorce proceedings get underway, many wonder what   will happen with the home.

When the marriage comes to an end, there are two obvious   options concerning the home: 1) sell the property and split the proceeds   according to your agreement and go your separate ways; or 2) one person buys   the other party out of the mortgage and the title of the property.

The first option is a straight-forward transaction where you   put the house up for sale, sell and split the proceeds. The second option,   however, is slightly more complicated.

The decision between the options is a personal one borne out   of the specific circumstances of the parties involved. Perhaps there are   young kids involved that need to stay in the house, the market is down and   there will be a loss on the property that neither party can afford, one party   can afford to buy the other party out, etc.

Once the decision is made, how do you go about buying the   other person out of a mortgage?  Well, essentially, you’re refinancing   your mortgage using a single income (the person who’s buying the other party   out of the house) and qualification, versus the original purchase, which was   based on joint income and qualification.

If you’re the one buying your partner out, the first step is   to ensure that you can afford the mortgage payments.

This is imperative because the lender will ask for proof that   you’re capable of covering the mortgage in order for you to apply on your   own. In addition to covering the mortgage amount, you’ll have to come up with   whatever dollar amount you have agreed on to buy the other partner out. This   may come out of the equity in your home if it’s sufficient.

In essence, if you can afford the mortgage on your own, the   most common means of buying out your partner post-separation and transferring   title out of the joint name and into your name, is to refinance. I can help   you through each step of this process. And although the maximum refinance on   a home is 80% of the appraised value, given the unique circumstances   surrounding separation, you can often refinance up to 95% of your home’s   value.

If you’re not in a financial position to buy your ex-partner   out of the house, and you agree to both stay on title and have payment   arrangements, there’s one warning to be taken very seriously – just because   one person is responsible for the payments (even with a court order), if the   mortgage goes into default, both parties on the mortgage will be affected.

The most important piece of advice when dealing with a   mortgage during a separation is to become informed. Know your options, talk   to professionals about your options, and make an informed decision regarding   your home and mortgage.

As always, if you have any questions about the information   above or your mortgage in general, I’m here to help!

Angela Calla 604-802-3983

callateam@dominionlending.ca