Breaking Up a Mortgage After a Divorce Can Be Tricky

by | Jan 17, 2017

Don’t wait until your loan statement comes in to discover payments that haven’t been taken care of. If you have made any loans with both you and your spouse’s names, be sure to transfer ownership or reorganize how payments will be made to avoid major credit damage you’ll wish you avoided sooner.

Still married but thinking of time for separation? Speak with a financial planner if you’re having troubles in order to formalize a plan to keep you prepared in case of divorce.

If a mutual agreement between you cannot occur, your divorce lawyer can offer different options depending on the situation.

Divorce can be messy, but you can take back control of your finances with time and dedication to pre-planning.

I quit-claimed our house to my ex-husband. He was supposed to refinance the property or sell it within 24 months. That time has expired, and I found out that he put the property in a trust. Did he violate the divorce decree? Does this mean that my name is off the mortgage or not?


Once you transferred your ownership in the home to your ex-husband, you lost your ability to control what was done with the property. Your ex-husband may have transferred the property into a living trust for estate-planning purposes, and he may still be the full owner of the property. But whether you are still on the loan, or not, is the real question.


If your husband has not refinanced the property in the past 24 months, he has violated the divorce decree on that term. However, it’s possible that he did refinance the mortgage and you are no longer on the loan at the property. Since you were on the loan, you can call the lender and ask what the balance is on the loan. If the lender confirms a balance amount, you’ll know that the loan is still out there and has not been paid off. You’ll also know that your ex-husband didn’t sell the home, since you almost always pay off the old loan when you sell the home.

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