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Money Talk: Settle Home Ownership in Divorce Agreement

Sunday, December 27, 2015
Question: Our daughter was divorced in 2012 from her husband of 20 years.

He still lives in the house they shared and she lives elsewhere. He pays the mortgage. When she asks him to remove her name from the mortgage, he says she is harassing him.

What are her legal options and steps to accomplish this?

Answer: The couple’s divorce agreement should have addressed this issue. If he agreed to take sole responsibility for the mortgage, she should consult an attorney about holding him to that agreement.

It’s not as simple as requesting that the lender remove her name from the loan, said Emily Doskow, author of Nolo’s Essential Guide to Divorce.

“Every once in a while you’ll come across a mortgage lender that is willing to release one of the parties,” Doskow said. “But that’s very, very rare.”

Typically, getting her off the loan would require him to refinance or sell the home. If for some reason the divorce agreement doesn’t address the debt, your daughter still has considerable leverage if her name is on the deed. If she’s still an owner of the home, she can force a sale, Doskow said.

If she’s not on the deed, her options are limited. She may need to ask a court to intervene, Doskow said.

As long as she’s on the mortgage, her credit and ability to buy another home are tied up with her ex. If he stops making the mortgage payments — because he can’t afford them or out of spite — her credit would be trashed, since they are jointly responsible for the debt. This is why it’s so important to separate all credit accounts and refinance any loans before a divorce is final. Otherwise, the two exes can be tied together financially, if not for life then at least for the life of a loan.

Q: I recently completed a master’s degree in counseling and am now paying student loans. I am punctual and consistent in my payments.

How does having a $30,000 outstanding student loan look to home lenders? We recently sold our home and moved. We are planning to buy another home and have a large down payment. Does this student loan affect my home purchase potential?

My husband and I are retired, and we pay our bills on time.

A: Student loans can have a positive effect on your credit scores if they’re paid on time. On the other hand, your payments are factored into the equation of how much mortgage you can afford and will reduce the amount you can borrow.

You should be rethinking the notion of borrowing more in any case.

It’s not clear why you spent so much on a degree if you’re not using it. Perhaps a health setback made working impossible or an inheritance made it unnecessary.

Generally, though, you should borrow for an education only if you expect it to increase your earning power enough to easily replay the loan. If you’re pursuing an education just for the pleasure of it or for a feeling of accomplishment, you should pay for it out of pocket or with savings.

A mortgage in retirement is tricky as well. Although some wealthy people keep their mortgages so they can invest the money elsewhere, most people are better off without loans once they stop working. Having to pay a mortgage often means having to take more out of your retirement funds and increasing the odds of running short of money. Also, remember that your income will drop when one of you dies because one Social Security check goes away. That could make it harder to pay the bills.

Consider meeting with a fee-only financial planner who can assess your financial situation and offer advice about the best course.

It could be that you can well afford student loans and a mortgage. Or you could be headed for disaster. It’s better to find out while there may still be time to put that degree to work to boost your income or take steps to conserve your funds.



Liz Weston is the author of The 10 Commandments of Money: Survive and Thrive in the New Economy . Questions for possible inclusion in her column may be sent to 3940 Laurel Canyon, No. 238, Studio City, Calif. 91604, or by email at liz@lizweston.com. Distributed by No More Red Inc.




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