The Divorce Dilemma: Clinging to Low Rates Through Loan Assumptions


The economic landscape of the early 2020s, shaped significantly by the pandemic, offered an unprecedented opportunity for homeowners to lock in mortgage rates at historic lows.

This opportunity has, however, evolved into a complex challenge for couples facing divorce.

With current interest rates soaring, the prospect of refinancing — a standard step in the division of assets — now threatens to impose a hefty financial burden.

This article examines the intricacies of navigating these decisions during divorce, spotlighting loan assumptions as a misunderstood and not-so-viable solution for retaining low interest rates.

The Ultra-Low Interest Rate Dilemma

During the pandemic, many couples seized the opportunity to secure mortgage rates that were unimaginably low by historical standards (the lowest rates ranging from 2% – 2.50%).
These rates have provided substantial monthly savings and long-term financial benefits.

Yet, as some of these marriages dissolve, the advantageous rates introduce a new layer of complexity to the divorce process.

The primary issue at hand is the challenge of dividing a major asset—the family home—without sacrificing these favorable mortgage conditions.

Refinancing under current higher rates could significantly increase monthly payments and the total interest paid, undermining the financial stability of the party retaining the home.

Understanding Loan Assumptions

Loan assumptions offer the potential of a lifeline, allowing one spouse to take over the existing mortgage while preserving its original terms, including the interest rate.

This process bypasses the need for refinancing at today’s higher rates, but it’s shrouded in myths and misconceptions:

1. Approval Outcomes

Contrary to widespread belief, loan assumptions are more elusive than they might seem. For one, the approval is contingent on each lender’s specific company policies, and there is no one-size-fits-all approach.

The assuming spouse still needs the financial credentials to qualify on their own merits, which requires a lengthy application process and burdensome document requests.
And, since divorce presents a moving target in terms of a client’s financial picture, there is no telling in advance whether one can qualify to assume their loan.
Most lenders refuse to review a clients loan assumption application unless the divorce settlement is finalized and approved by the court.

2. Process Complexity

Like a refinance loan, the assumption process entails many rounds of paperwork and follow-up requests. While most refinance loans can close within 30 days, loan assumptions can take anywhere from 3-6 months to complete. This is akin to a lender ‘kicking the can down the road’ in the hopes that a client doesn’t see it through to completion.

Why would they do this? The answer is simple: lack of motivation.

A loan assumption inherently increases the lenders risk and exposure to default. And, with current interest rates around 6%, it makes much more sense for the bank to refinance new loans than to hold them in their portfolio at ultra-low rates with greater risk.

3. Financial Viability

The long-term financial benefits of loan assumptions are often underestimated.

Retaining a lower interest rate can result in thousands of dollars saved over the life of the loan, a factor that demands careful consideration in the divorce financial planning process.

In a world where time is money, it’s important not to waste time pursuing a path that may ultimately reach a dead-end.

First, consider how much time and money it’ll take to reach your desired outcome, and be prepared to adjust your strategy along the way.

If a lender is giving you the runaround about your loan assumption application, it may be an indication that you should redirect your efforts.



2024 New Edition: Divorce Your Mortgage – The Ultimate Guide


Divorce Your Mortgage: The Ultimate Guide


Navigating Loan Assumptions Successfully

Achieving a successful loan assumption requires a thorough understanding of lender requirements and a clear strategy:

• Early Engagement: Initiating conversations with the mortgage servicer at the onset of divorce proceedings can provide clarity on the feasibility of a loan assumption. This early engagement allows for a realistic assessment of options and preparation for the process.

• Qualification Criteria: The assuming spouse must meet specific criteria, similar to those at the original loan’s initiation. This includes creditworthiness and the ability to afford the mortgage independently, factors that lenders scrutinize to ensure the loan’s continued security.

• Cost Considerations: While loan assumptions can bypass the higher rates associated with refinancing, they may involve fees or closing costs. Comparing these expenses with the long-term savings of retaining the lower rate is crucial for an informed decision.

• Legal and Financial Advice: Consulting with professionals who understand the nuances of loan assumptions in the context of divorce can prove invaluable. Legal advisors can navigate the legal implications, while financial advisors can assist in evaluating the decision’s impact on post-divorce finances.

The Takeaway

Divorce necessitates a comprehensive reevaluation of financial plans and goals. Beyond the immediate concern of mortgage rates, individuals must consider their overall financial health and long-term objectives.

As divorcing couples confront the financial implications of their separation, the quest to preserve ultra-low mortgage rates introduces a significant challenge.

Loan assumptions emerge as a potential solution, albeit one surrounded by misconceptions.

By demystifying the process and understanding its implications, parties can navigate their divorce with a strategy that safeguards their financial interests.

In the shifting economic tides, informed decisions on mortgage management can provide a measure of stability and security, underscoring the importance of thorough financial planning and professional guidance.