You asked: Why does the mortgage company need my divorce decree?

Your lender will also need to see divorce documents to glean if any consideration was paid to your ex-spouse for their equity in the home. The lender needs to know the dollar amount before they can have a quitclaim deed processed to take them off the title.

Why is a divorce decree needed for mortgage?

Lenders want to see divorce decrees because that’s the only way to determine if there are any support payments between the two former lovebirds. … Alimony payments only show up in divorce papers and if someone has a $1,000 a month support obligation that could seriously affect the ability to make house payments.

Can you get a mortgage without a divorce decree?

You’re Divorced

Even if you mark the “single” box on the mortgage application, lenders run a background check and will see any previous marital statuses, addresses, or names. If you didn’t provide a divorce decree upfront, lenders will likely ask for one after the background check.

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Does FHA require a divorce decree?

From HUD 4000.1: “The Mortgagee must obtain the official signed divorce decree, separation agreement, maintenance agreement, or other legal order. … Divorce is not a barrier to an FHA mortgage.

What happens to mortgage when divorce?

When your name remains on the loan, your lender considers you equally responsible for making the payments each month. Your mortgage holder will not dismiss late payments, even with a divorce decree that states your ex is responsible.

How do I get my ex wife off the mortgage?

Removing Spouse’s Name on House Mortgage During Divorce

  1. Taking Your Spouse Off Your Mortgage. There is only one way to have your spouse’s name removed from the mortgage: You will have to apply for a loan to refinance the mortgage, in your name only. …
  2. Filing a Quitclaim Deed. …
  3. Getting Help.

Should I refinance before or after divorce?

Starting the refinance process before the divorce is filed is by far the quickest and easiest path. This is because, when you talk to your mortgage lender about refinancing, they will ask you your marital status.

Can I get a mortgage while going through divorce?

Buying a home while legally married but separated from your former spouse is certainly possible, but there’s some extra documentation needed and things to be aware of. First, your lender is going to require your legal separation agreement. If you have a property settlement agreement, they’ll need that as well.

Are separate bank accounts considered marital property?

The law is actually very clear on this point: all property accumulated during the marriage is presumptively marital property. So, even if spouses keep separate accounts and pay bills separately, all income and property accumulated during the marriage is still considered a marital asset subject to division.

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Can I purchase a house before my divorce is final?

Can you buy the house while the divorce is pending, or must you absolutely wait until the divorce is finalized? You can purchase the house before you receive the divorce decree. However, if done improperly, you could make some serious mistakes that could impact your finances and affect ownership of the home.

Do mortgage lenders check marital status?

Lenders are permitted, and even required, to ask about your marital status. However, they have to be careful about how they ask. Mortgage lenders cannot ask you whether you’re single, divorced or widowed. They can only ask if you’re married, unmarried or separated.

How do mortgage lenders verify marital status?

Your lender determines your marital status based on what you state on the Uniform Residential Loan Application. You need not supply the lender with additional documentation, such as a marriage certificate, and no further verification by the lender is required to establish your status.

Does marital status affect mortgage?

Applying for a mortgage as a single man, single woman or as a married couple has no bearing on your ability to qualify. In fact, marital status is a protected category under the Equal Credit Opportunity Act.

What happens if my ex husband stops paying the mortgage?

Not paying your mortgage will affect your ex-partner’s credit file in the same way it’ll affect yours. You’ll both go into arrears which will make it harder for either of you to obtain a mortgage in the future.

Who pays mortgage after divorce?

Typically, mortgage debt is assigned to the spouse who makes significantly more than the other spouse. Or it goes to the spouse who is awarded full custody of the children. In those cases, one party will be required to buy out the other’s equity in the home.

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Who is responsible for mortgage after divorce?

Ideally, spouses either agree to sell their home or refinance their mortgage so that only one person’s name is on it. That former spouse is then responsible for making the mortgage payments each month.

After Divorce