Divorce w/home

[Luv2byte]

What is the name of your state? Washington

My niece and her husband bought their house 3/03. No down payment with a VA mortgage. They are thinking of getting a divorce. THey have 2yr old which the niece will be the main caregiver. Since the husband is the vetran and the house is on a VA loan will she be forced to refinance or give the house to the husband? Will she have to 'buy out' the husband where there is only about $300 equity since they have not had it very long? Can she keep the house on the VA loan and have him sign a quit claim?

 

[stephenk]

having the hubby sign a quitclaim will not remove him from the mortgage. He will still be responsible if wife defaults on payments.

 

[nextwife]

Personally, I would not wish to do that if I were him. It locks up his VA eligability for the remainderof the mortgage term AND interferes with him ever qualifying for another home as long as this debt obligation is out there. Even if she were happily remarried to another guy, because she'd be under no obligation to pay off the loan by refinancing him out.. Certainly he should not leave it open ended for 30 years, maybe offer to put some clause she has 5 years,, max, to get him off the loan, or something. He may ALSO want to live in a home someday.

 

[VeronicaGia]

Five years? Heck if she wants to keep it so bad, she should refinace before the divorce is over or max one year. Why tie this guy up for five years?

 

[nextwife]

VG, I agree. I was just trying to say that this should not be left open. I sure wouldn't leave the situation "unresolved" with a mortgage hanging out there with my name on it.

The problem, Luv2byte, is all the future legal problems that failing to resolve this leaves out there. What if she gets the house and defaults and ruins his credit? Or she remarries, moves out and keeps tha place as a rental, tying him up (the open mortgage affects his credit score, so even if he doesn't own the property and she pays religiously, this STILL adversely affects his future borrowing ability.

With any luck, they chose the house wisely, and market value has increased to where she may have enough market equity to refi him off.

 

[nextwife]

Oh, one other thought. VA loans ARE "assumable" mortages. So she MAY be able to assume the mortgage. He would likely want to see that this is done with a "full release of liability". But a VA or FHA mortgage has that potential, unlike most other mortgages.