Obtaining a Mortgage When Separating from Your Spouse: Key Considerations

Mortgage Tips Mark Goode 18 Oct

Separation can be an emotionally and financially challenging time, particularly when it comes to dividing assets like your home. If you’re navigating the complexities of obtaining a mortgage while separating from your spouse, you’ll need to consider several important factors. Whether you’re looking to buy a new property or refinance the one you already own, here’s a guide to help you move forward with confidence.

1. Understand Your Financial Position

The first step in securing a mortgage post-separation is understanding your financial standing. This includes:

  • Credit Score: Your credit score will play a crucial role in mortgage approval. Ensure it’s in good shape by checking for errors and paying off any outstanding debts if possible. Check the Canada Services on how to find out what your credit score is or one of our mortgage agents can assist you.
  • Income: Lenders will review your income stability. Whether you’re employed or self-employed, having a reliable income stream will help you qualify for a mortgage.
  • Debt-to-Income Ratio: If you’re already carrying debt—such as spousal or child support obligations—lenders will factor this into their decision. The lower your debt-to-income ratio, the better your chances of getting approved. Check out how your debt-to-income is calculated by visiting the National Bank of Canada website.

2. Evaluate the Family Home

Deciding what to do with the family home can be tricky. Common options include:

  • Selling the Home: If neither spouse wants to keep the home, selling it and dividing the proceeds is one option. You can then use your portion for a down payment on a new property.
  • One Spouse Buys Out the Other: In some cases, one spouse may wish to keep the home and buy out the other’s share. This could require refinancing the existing mortgage to remove the other spouse’s name and adjust the loan terms.
  • Co-Ownership: Some couples opt to continue co-owning the property post-separation. This could be temporary or long-term, depending on personal circumstances.

3. Refinancing the Existing Mortgage

If you or your spouse wish to stay in the marital home, refinancing is likely required. Here are the key considerations:

  • Qualifying for Refinancing: The person staying in the home must qualify for a mortgage in their name alone. This will involve providing income verification, a solid credit history, and showing an ability to cover mortgage payments independently. We offer an excellent and simple pre-approval tool which will get you access to all premium tools to help plan your mortgage. Download My Mortgage Toolbox today.
  • Appraisal and Legal Process: Refinancing involves getting a home appraisal to determine its current market value. You’ll also need to go through legal channels to remove the other spouse’s name from the title. Mortgage Man DLC can assist with this during our pre-approval process.

4. Affording a New Mortgage Post-Separation

If you plan on buying a new home after the separation, affordability is essential. Here’s what to keep in mind:

  • Down Payment: Your down payment will likely come from your share of the proceeds if the family home is sold. However, you might also need to tap into other assets like savings or investments.
  • Mortgage Pre-Approval: Get pre-approved for a mortgage as soon as possible AND before you commit to buying a home. This will give you a clear understanding of your budget, and make the home-buying process smoother. Find out what you would qualify for with our handy app.
  • Future Financial Obligations: Don’t forget to consider future expenses like spousal or child support when budgeting for a new home. You’ll want to ensure you can comfortably manage all your financial obligations.

5. Seek Professional Guidance

Working with professionals such as mortgage brokers, lawyers, and financial planners can ease the process of securing a mortgage during a separation. Our knowledgeable mortgage agents have been assist clients just like you for years and can help you understand your options, find the best rates, and guide you through the approval process, contact us today 705.326.8523 or get started with our online application.

6. Timing is Everything

When you’re separating, timing can be crucial. If you’re able to amicably reach a separation agreement that details the division of assets, it will streamline the mortgage approval process. Lenders may require this agreement to see how your financial situation will change post-separation, especially if there are support obligations involved.

Conclusion

Obtaining a mortgage when separating from your spouse involves navigating complex financial and emotional terrain. By taking the time to assess your financial position, considering your options for the family home, and seeking expert advice, you’ll be better equipped to make decisions that protect your financial future. As with any major financial decision, having a well-informed strategy in place can make all the difference in ensuring a smoother transition to your new life. Call us today 705.326.8523 for a free no-obligation quote and we will happily assist you with the process.

Market Beware: The Risks of Subject-Free Offers

General Mark Goode 8 Oct

When purchasing a home, most offers typically include conditions (or “subjects”)—specific requirements that must be met before the sale is finalized and the property is transferred. Common subjects include:

  • Financing approval
  • Home inspection
  • Fire/home insurance
  • Review of strata documents (if applicable)

These conditions help protect buyers from potential issues related to financing, the property’s condition, or securing insurance. Once all conditions are met by the agreed date, the sale can proceed. If not, the buyer can walk away without penalty.

However, in today’s competitive housing markets, subject-free (or condition-free) offers have become more common. These are offers made without any conditions, essentially saying “what you see is what you get.”

Let’s break down the pros and cons of subject-free offers for both buyers and sellers.

Pros of Subject-Free Offers

For Buyers:
In a competitive market, a subject-free offer can make your bid more attractive to the seller. It shows you’re serious, and the deal is less likely to fall through, which might help you beat out other potential buyers.

For Sellers:
Sellers benefit from subject-free offers because they speed up the process. The buyer is willing to proceed without any conditions, which means there’s less waiting and uncertainty. A subject-free offer often includes a competitive price and aligns with the seller’s preferred closing date.

Cons of Subject-Free Offers

For Buyers:
Subject-free offers are extremely risky. Here’s why:

  • Financing Uncertainty:
    A pre-approval is not a guarantee of financing. Lenders still need to approve the property and its value. Without a subject to financing, the buyer risks losing their deposit if the financing falls through, which could be thousands of dollars.
  • Skipping Inspections:
    Without a home inspection, you could be buying a property with hidden issues like structural damage or code violations. Insurance companies might also require an inspection, so skipping this could leave you without coverage.
  • No Due Diligence:
    With no time to review important documents, check title issues, or secure insurance, you could face legal or financial problems after the sale.

For Sellers:
While sellers face less risk, financing could still fall through, leaving the sale in limbo. Even if the offer is accepted, the deal isn’t guaranteed until the buyer secures funding.

Financing Around Subject-Free Offers

If you’re considering making a subject-free offer, you’ll need to do as much research and preparation as possible beforehand. Securing financing, though never guaranteed, is crucial. Pre-approval helps, but you’ll want to ensure the lender approves the specific property. Our team at Mortgage Man DLC will assist you with every step of this preparation, be sure to reach out to us markgoode.ca

Contractual Obligations

Be aware that once your offer is accepted, it becomes a legally binding agreement. If you can’t secure financing or decide to back out, you could lose your deposit or even face legal consequences. Sellers might sue for damages if they’re forced to sell to another buyer at a lower price.

Mitigating Risks of Subject-Free Offers

If you decide to go ahead with a subject-free offer, here’s how you can reduce the risks:

  • Get Pre-Approved:
    This gives you a clearer picture of your financing options, even though it’s not a guarantee. You can simply download Mortgage Man’s My Mortgage Toolbox free.
  • Do Your Homework:
    Research the property’s history, any major renovations, and potential issues through a Property Disclosure Statement.
  • Review the Title and Strata Documents (if applicable):
    Ensure there are no outstanding legal issues with the property title or hidden concerns in the strata documents.
  • Secure Insurance:
    Confirm that you can obtain insurance for the property, and if possible, conduct an inspection beforehand.
  • Consult Experts:
    Speak with your real estate agent and mortgage broker (mark@markgoode.ca / 705.326.8523) to assess the risks and explore alternative strategies like a short closing period, which might make your offer competitive without going subject-free.

Conclusion

Subject-free offers can help you win in a competitive market, but they come with significant risks. Always weigh your options carefully, do your due diligence, and consult with your real estate and mortgage professionals to make an informed decision. If you’re considering a subject-free offer, talk to Mortgage Man’s mortgage experts to discuss financing and ensure you’re fully prepared.