Using a Home Equity Loan to Buy Out a Spouse in Divorce | Mortgage Rates, Home Loan Guides & Expert Insights

Key Takeaways

  • A home equity loan can provide funds for a divorce buyout and preserve your current first-mortgage rate, but it does not remove your spouse from the joint mortgage.
  • A buyout refinance can provide the necessary funds and replace the joint mortgage with a loan in your name. Alternatively, a lender-approved assumption with a release of liability may remove your spouse without changing the current rate.
  • Determine the buyout amount based on the home’s agreed value, mortgage balance, and ownership share. Then, coordinate financing and the deed transfer with your lender and divorce attorney.

If you have sufficient equity and can manage the additional payment, you may use a home equity loan to buy out your spouse in a divorce. You retain your existing first mortgage and use a new home equity loan or HELOC to pay your spouse their share of the home.

While the new loan addresses funding, it does not resolve the joint-mortgage issue. If both names are on the current loan, you may need to refinance, complete a lender-approved assumption with a release of liability, or pay off the mortgage.

Mortgage and property laws differ by state. Consult a divorce attorney licensed in your state to review the settlement and deed transfer, and ask your lender or mortgage servicer how it will handle the loan.


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