James Whitener

Arizona Loan Officer

  • Home
  • About
    • About James
    • Accessibility Statement
  • Reviews
    • Read My Reviews
    • Leave a Review
  • Blog
  • Resources
    • Closing Costs
    • Home Appraisal
    • Home Inspection
    • Loan Checklist
    • Loan Process
    • Loan Programs
    • Mortgage FAQ
    • Mortgage Glossary
  • Apply Now
  • Partners
  • My App
  • Contact

A Guide To Understanding Mortgages And Marriage Agreement Settlements

November 4, 2020 by James Whitener

A Guide To Understanding Mortgages And Marriage Agreement SettlementsWhen people end up taking out a mortgage, there is a lot they need to consider. This includes the size of the down payment, the term of the loan, and the interest rate. At the same time, there are a few issues that could complicate the way a mortgage is paid off.

Nobody enters into a marriage planning on divorce; however, if this does take place, it is critical to think about how a marriage settlement agreement is going to impact the mortgage. There are a few important to keep in mind. 

Refinancing The Mortgage After The Marriage Settlement Agreement

When looking at the assets that the couple shares, it is important to think about not only assets but debt as well. One of the largest sources of debt is going to be the mortgage. Obviously, it is impossible to split the house down the middle. Therefore, it is important to think about how the mortgage itself is going to be divided.

When dividing a house following a divorce, the equity should be considered an asset and the mortgage should be considered debt. Then, when the settlement agreement is finalized, the best practice is to ask a spouse who is retaining ownership of the home to refinance the loan and just his or her name. This will eliminate the liability of the other spouse and remove his or her responsibility for paying off the mortgage. This is the fair and equitable way to divide a house following a divorce.

Include the Mortgage Among the Other Assets

It is important for everyone to think about how the mortgage is going to impact other assets as well. Some of the other factors that will have to be addressed during a divorce include alimony payments, child support, credit cards, financial accounts, and other types of property. When looking at the grand scheme of things, it is likely that the house is going to be the largest asset. Therefore, it might be helpful for couples to start with the house first and then worry about the smaller issues later. That way, this will streamline the divorce process and ensure that everyone ends up with a fair and equitable divorce settlement.

 

Spread the Love!

Filed Under: Mortgage Tagged With: Divorce Settlement, Mortgage, Property Division

James Whitener

Contact James


Loan Officer
CALL 602.622.6514
Fairway Independent Mortgage Corp
James Whitener NMLS #1648336
AZ License #LO - 0943535
Company NMLS #2289 | AZ License #BK-0904162


GET A RATE QUOTE
DOWNLOAD MY APP

Let’s Keep In Touch!

  • This field is for validation purposes and should be left unchanged.

Sign Up For My Newsletter!

  • Home
  • About
  • Reviews
  • Blog
  • Resources
  • Apply Now
  • Partners
  • My App
  • Contact
Equal Housing Lender

NMLS Consumer Access
James Whitener – Loan Officer
20359 N. 59th Ave, Suite 100
Glendale, AZ 85308
602-622-6514 | James.Whitener@FairwayMC.com

NMLS # 1648336 | AZ License #LO – 0943535
Company NMLS #2289
Privacy Policy | Terms of Use

Complaints may be directed to: (877) 699-0353 or Email us: customerservice@fairwaymc.com.
The content on this website is written by James and reflects his opinion, and not the opinion of Fairway Independent Mortgage Corporation.

Return to top of page

Copyright © 2021 James Whitener. All rights reserved.   Log In