One of the big problems with divorce is the issue of a mortgage taken with your partner. To avoid an unpleasant fight in court, one of you can buy out the partner’s share, which will resolve the issue of property management in the future. We will discuss how to do it, how much it may cost, and possible options for action.
How to buy someone out of a mortgage?
Repayment of payments is mandatory for everyone listed in the mortgage on real estate, which is why one partner will have to buy out the other if they decide to go their separate ways. Simultaneously with purchasing your partner’s share in the mortgage on real estate, you also buy out the share of the property itself. During the remortgage or the transfer of the product, when you open a new deal with your current lender, your partner’s name is removed from the title deed and the mortgage.
There are several steps that you should follow if you go through foreclosure for spouses in Canada. Following how you and your former partner agree, the property will be redistributed when everything is over. We will write more about a joint mortgage in this article, but the same rules apply to the general one.
Step 1: Make sure the relationship ends.
It sounds a bit comical, but before starting the mortgage repurchase process, you should ensure that the relationship is over. This is important, as there have been many cases when couples started the process of mortgage foreclosure and transfer of property during divorce and then decided to reunite again. And this makes all your efforts a waste of time, as well as the division of assets meaningless. Therefore, only when both partners are sure of the marriage’s dissolution can you draw up a separation agreement. This form legally states that the couple is getting divorced. It will specify the procedure for dividing assets, including mortgages, custody of children, and spousal support. Divorce will become easier when signing a separation agreement, as well as legally binding.
Step2: Estimate the cost.
Next, a very important point is the valuation of the property. For example, if the property is worth $ 400,000, then, in this case, your partner is entitled to half of this amount, that is, $ 200,000. This means that you need to find $200,000 to redeem her or him. You should get an accurate estimate of the value of the property to make sure there are no errors and ensure that no party has been deceived.
Step 3: Think about the necessity of the house.
You need to think about the need for this house, so before the marriage ends, both parties must decide exactly how to deal with the mortgage. Everyone whose name is included in the mortgage is responsible for paying off the loan, so if the decision is made incorrectly, it may affect your ability to take out a mortgage in the future. Completing the mortgage repurchase after a divorce can lead to an increase in expenses can lead to default. Getting a mortgage to buy out a partner in Canada can help you put your financial future in order, even if you don’t even plan to buy another property right away.
How to calculate the purchase of someone from a mortgage?
To buy out someone’s property, you have to calculate their share in the capital; there are four stages for this:
- Property valuation (most often, for a small fee, this is done by the lender)
- Certificate of repayment. Getting it will allow you to find out how much you have left to pay on the mortgage, ask your current lender for it
- From the valuation of the house, subtract the amount of the unpaid mortgage.
- Divide the result by the number of property owners
Getting a mortgage to buy out a partner
- As a rule, you will have to borrow more money when buying out a partner from a mortgage, so you have the opportunity to ask your lender to lend you more, which is called a further advance. Your lender will conduct an additional credit check to find out about your ability to pay monthly payments yourself.
- There is another option, you can remortgage in full, either with a new lender or with your current one.
- The third option is that you can, without giving up your first mortgage, take a second mortgage from another lender, but keep in mind that the new lender will also carry out checks.
Types of mortgage repurchase
Depending on your and your partner’s needs, it will depend on which of the following options for fulfilling financial obligations you choose.
House for sale
When the partners agree that both do not want to live in this house, the best option is to sell it. You will be able to use the money received from the sale to cover mortgage expenses.
Rent a house
Foreclosure may not be financially feasible if both parties owe more than the value of the property. In this case, to cover mortgage and housing costs while waiting for the mortgage repurchase in Canada, many couples use home rentals.
Buying out your partner
If one person wants to stay in the house and the other does not, the one who leaves should be responsible for his share of the mortgage.
All in all, buying out your mortgage partner is one of the most suitable options for solving the issue of housing and mortgage in case of divorce. Perhaps this option is right for you, but you should familiarize yourself with all the conditions.