3 ways lenders can keep a divorce refinance on track

Earlier this year, a borrower came to us with a signed settlement requiring her to pay her former husband $210,000 for his half of the equity in their home, with 90 days to refinance. The house had nearly doubled in value over 14 years. On her income alone, before the child support in the agreement had started arriving, she qualified for about $70,000 less than she owed.

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More borrowers are landing in her position as equity builds up in homes people hold for longer. Mortgaged homeowners held an average of roughly $310,000 in equity in the second quarter, according to Cotality, and sellers in the National Association of Realtors’ latest profile had owned their homes for a record median of 11 years. That appreciation sets the size of the check one spouse writes the other, and the figure is usually agreed before a lender has seen any numbers.

Whether the spouse who stays can keep the house depends on three things a lender controls: how that borrower is qualified, how early the preapproval comes, and how the loan is classified.

Qualify the borrower who’s staying, not the household

The departing spouse’s share becomes new debt for the spouse who stays. It sits on top of whatever it takes to retire the joint mortgage and is underwritten against one person’s income and obligations. A car loan and credit card balances that two salaries handled comfortably now weigh on a single income in the debt-to-income calculation.

Support income is where loan officers and borrowers most often get caught out. Fannie Mae counts alimony or child support only after six months of documented receipt, with evidence it will continue for at least three years. It won’t consider proposed or voluntary payments at all without an agreement that specifies them. A borrower relying on support to carry their ratios can reach the refinance deadline before that income is usable. A borrower who pays support loses qualifying capacity from the first month. 

Get the preapproval in before the buyout figure is final

Most of the divorce refinances I’ve watched fall apart were effectively decided before an application existed. The couple settles on a figure, a deadline goes into the decree, and the spouse keeping the house assumes financing will follow. When it doesn’t, they either reopen the agreement or sell the home they were both trying to protect. Meanwhile, the departing spouse stays on a joint loan for a house they no longer live in.

Lenders can change that only by getting involved once one spouse has decided to keep the home. At that point, the work is a full preapproval on the individual borrower’s profile, along with a frank conversation about the monthly payment they can live with, which is often lower than what they qualify for. How to divide what they own is the couple’s decision. Our job is to show what that division has to fit within while there’s still time to shape the terms. Sometimes that means a parent joining as a non-occupant co-borrower. In other cases, the couple offsets part of the house against retirement accounts so less cash changes hands at closing, or times the refinance so support income has the history it needs.

For originators wondering how to reach these borrowers, rate-driven marketing misses the moment entirely. What gets attention is an offer to show what keeping the house would cost, including the new payment and whether support income will count by the deadline. Timing is the whole pitch. 

Structure the buyout so it funds the full share

Fannie Mae treats a buyout of a co-owner under a written agreement as a limited cash-out refinance, provided the property was jointly owned for at least 12 months before the new loan funds. File the same transaction as a standard cash-out refinance, and it runs into a lower loan-to-value ceiling and heavier pricing adjustments, which can shrink the buyout the borrower can fund. The conditions need managing early. Every party has to sign an agreement setting out how the proceeds will be distributed, and the spouse keeping the home can’t receive any of the cash. Structured correctly, a single closing pays off the joint mortgage, releases the departing spouse from it and delivers their share. 

Where lenders earn their place

More divorcing borrowers will arrive with large sums at stake as people hold homes longer and values keep climbing underneath them. The deals that collapse usually do so for reasons a lender could have flagged months earlier, such as a buyout figure set without any financing input or a loan filed under the wrong category. Originators who make themselves available when the decision to keep the house is made, rather than when the decree is final, give these borrowers a realistic chance of staying in their homes.