Spousal Buyout Mortgages: What You Need to Know

6 minute read

Going through a separation or divorce can be a challenging time, and one of the biggest decisions you may face is what to do with your shared home. If one spouse wants to keep the house, a spousal buyout mortgage can be a helpful solution. This type of mortgage allows one spouse to buy out the other’s share of the property, making it possible for one person to stay in the home. Let’s break down what a spousal buyout mortgage is and how it works, in simple terms.

What is a Spousal Buyout Mortgage?

A spousal buyout mortgage is a type of loan that helps one spouse buy out the other spouse’s share of the family home during a separation or divorce. This process allows one person to take full ownership of the property, while the other person receives their share of the home’s equity in cash. The person staying in the home takes on a new mortgage that includes the amount needed to pay off the existing mortgage and the amount required to buy out the other spouse.

How Does a Spousal Buyout Mortgage Work?

  1. Determine the Home’s Value: The first step is to get an appraisal to determine the current market value of the home. This helps in calculating how much equity each spouse has in the property.
  2. Calculate the Buyout Amount: Once the home’s value is known, you subtract the amount still owed on the existing mortgage from the home’s value. The remaining amount is the equity in the home. The buyout amount is usually half of the equity, as each spouse typically owns half.
  3. Qualify for a New Mortgage: The spouse who wants to keep the home needs to qualify for a new mortgage. This new mortgage will include the amount required to pay off the existing mortgage and the buyout amount for the other spouse. It’s important to have a good credit score and enough income to qualify for the new loan.
  4. Complete the Buyout: Once the new mortgage is approved, the funds are used to pay off the existing mortgage and provide the buyout amount to the other spouse. The person staying in the home now has full ownership and responsibility for the new mortgage.

Benefits of a Spousal Buyout Mortgage

  • Staying in Your Home: If you want to keep the family home, a spousal buyout mortgage can make it possible. This can provide stability, especially if you have children who are used to the area and school district.
  • Simplifies the Process: A spousal buyout mortgage can simplify the division of assets, making it easier to move forward after a separation or divorce.
  • Avoids Selling the Home: Selling the home and splitting the proceeds can be a lengthy and stressful process. A buyout allows one spouse to stay while the other receives their share in cash.

Things to Consider

  • Affordability: It’s crucial to make sure you can afford the new mortgage payments on your own. Consider your income, expenses, and any potential changes in your financial situation.
  • Legal Advice: It’s a good idea to consult with a lawyer to ensure that the buyout agreement is fair and legally binding.
  • Emotional Impact: Staying in the family home can bring comfort but also emotional challenges. Consider whether staying in the home is the best decision for your wellbeing.

Call to Action: Let’s Talk Mortgages!

Navigating a spousal buyout can be complex, but you don’t have to do it alone. As an experienced mortgage broker in BC, I can help you understand your options and guide you through the process. Whether you’re considering a spousal buyout mortgage or exploring other mortgage solutions, I’m here to help.

Interested in learning more? Let’s talk mortgages! Contact me today to discuss your situation and find the best solution for you. Reach out by phone or email, and I’ll be happy to answer any questions you have and help you take the next step.