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Refinancing the marital home can be difficult following divorce

For those getting divorced in Texas or elsewhere, solidifying their main goals early on is critical. One primary concern for some may be to keep the family home. However, retaining ownership of the marital home after divorce can sometimes be tricky.

A spouse who wants to keep the family home may benefit from refinancing so that the home is in his or her name alone. However, many issues and pitfalls may arise when trying to refinance the house. For instance, the majority of banks require spousal support to have been received for at least six months before they count it as part of the spouse's total income. The income figure is instrumental in determining whether he or she can refinance.

Many times, a divorcing spouse has a lower credit score due to late or unpaid bills stemming from the stress and anxiety of a marital breakup. Banks typically have minimum credit scores required to qualify for mortgages. Furthermore, moving from not being employed to being employed part time or working in a commission-based position following the divorce may adversely affect the spouse's ability to refinance. Bonuses, commissions and part-time income generally cannot be counted unless they have been reported on two years' worth of tax returns in order to show actual income and consistency.

Divorce can be complex, especially when high-value assets such as the marital home are involved. However, an attorney in Texas can help with the process of negotiating the division of such assets with a future ex. If necessary, the attorney can also offer aggressive representation at trial to ensure that the client gets his or her share of the community property as specified by applicable law.

Source: huffingtonpost.com, "It's Harder to Divorce the House Than the Spouse!", Ashley Tate Cooper, July 17, 2017

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Jamie Graham & Associates, PLLC
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