My husband and I may be getting a divorce. We have been in the house for 1 year. What are the ramifications of getting a divorce with a 1 year FHA loan? What are our options if 1 of us wants to keep the house? What are the options if neither wants to keep the house? Can we sell after 1 year?
Miami,FL | Feb 22nd 2011
by susuflo...
Answer
by Lee@Lem...
There are no specific ramifications of getting a divorce while you have a FHA mortgage. Just remember that you both have signed the mortgage and note and are both responsible for the mortgage until the lender releases one of you from liability. A divorce will not release you even if it's court ordered in the agreement. The FHA mortgage is assumable, which would allow either of you keeping the property to assume the mortgage completely, with your existing lenders approval. If neither of you want to keep the house they you need to sell it, since you are both legally responsible for the mortgage and are both legally owners of the home. Feb 22nd 2011
by adennie
For the divorce, if both of you choose to sell the house then you may. However, if one of you decide to keep the house then by law it is depend which state you are in because if it is a community property then most likely the divorce judge will have to decide who gets the house. However, if you are in the community property state then it have to be mutually agree on who is keeping the house. If for example you are the one with the house then you can refinance or get cash out of it if you have an equity so it really depends. Feb 22nd 2011
by matt@ap...
You can sell your house anytime you want. If you want to keep the house, that is fine, you just need the person that wants out to complete a quit claim deed, it probably needs to be run through the court documentation, as to whom gets the house. If you want to Refinance them off, that is a different story. You have to qualify on your own for the payments. There interest would be off the property when you quit claim deed is filed, but they would still be on the loan until you sell or refi the other party off Feb 22nd 2011 |
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