Divorce and Your Mortgage in California

Keeping the house, buying out your ex, getting your name off the loan, and buying again. What the loan rules allow, and what to sort out with your attorney first.

Key Takeaway

A deed changes who owns the house; only a refinance or an approved assumption changes who owes the loan. If you keep the home, you can usually buy out your ex with a refinance. FHA allows up to 97.75% of the home's value for that buyout. Alimony and child support count as income once you have received them for 6 months (3 months for FHA) and they will continue for 3 more years.

Option 1

Keeping the House: Buying Out Your Ex

Refinance into your name and pay your ex their share of the equity.

To keep the home, you refinance the mortgage into your name alone and use the new loan to pay your ex the equity your settlement awards them. California is a community property state, so the equity is usually split, and the agreement sets the amount. Each loan type treats the buyout differently:

How each loan type treats a divorce equity buyout
LoanTreated asKey rules
Conventional (Fannie Mae)Limited cash-out refinanceWritten agreement between both owners; both on title for 12 months before closing; you take no cash out.
Conventional (Freddie Mac)Special purpose cash-out refinanceBoth owned and lived in the home for 12 months; all proceeds go to your ex; cash-out limit applies (80% of value for a single-family home you live in).
FHARate and term refinanceDivorce decree or settlement agreement; up to 97.75% of value if you lived there the past 12 months, otherwise 85%.
VA (veterans)Cash-out refinanceUp to 100% of the home's value; no time-on-title requirement; VA-to-VA refinances need 210 days and 6 payments.

A limited cash-out or rate and term refinance usually prices better than a cash-out refinance, so it matters which one your buyout qualifies for. You still have to qualify for the new payment on your own income, which is where support income helps.

Title vs Loan

Getting Your Name (or Your Ex's) Off the Loan

Owning the house and owing the mortgage are two separate things.

A quitclaim or interspousal transfer deed takes a person off the title. It does not take them off the mortgage. Until the loan is paid off, refinanced, or assumed, both of you still owe it, and late payments still report on both of your credit.

  • Refinance: the spouse keeping the home takes a new loan in their own name, which pays off the joint loan.
  • Assumption: FHA and VA loans can be assumed with the servicer's approval, which can release the departing spouse and keep the existing rate. Conventional loans rarely allow it.
  • Sell: the loan is paid off from the sale and the proceeds are split under your agreement.
Income

Qualifying With Alimony or Child Support

Support you receive can count as income once it has a track record.

Conventional

Fannie Mae and Freddie Mac need 6 months of full, regular payments received, and the payments must continue for at least 3 years. A signed separation agreement works if the divorce is not final. Voluntary payments with no agreement do not count.

FHA

FHA needs 3 months of payments received under a decree or court order, continuing for at least 3 years. Voluntary payments need 12 months of records with 6 months of consistent payments.

Timing matters: support set by a brand-new decree cannot be counted until payments have actually started and built the required history. If you need that income to qualify, plan the refinance or purchase around it.

Debts

Support You Pay and Debts Assigned to Your Ex

Your divorce paperwork changes how lenders count your monthly debts.

If you pay support

Child support always counts as a monthly debt. Alimony you pay can instead be subtracted from your income, which often gives you a better debt ratio. Fannie Mae and FHA allow either method; Freddie Mac subtracts it from income.

Debts your ex now owes

When your decree or separation agreement assigns a debt, such as the old mortgage or a car loan, to your ex, a lender can leave its payment out of your debt ratio with a copy of that order. Without the order, the lender needs 12 months of proof that your ex made the payments on time.

Timing

Buying Before the Divorce Is Final

Possible in some cases, but coordinate with your attorney first.

  • Conventional loans accept a signed separation agreement in place of a final decree for support income and assigned debts.
  • With an FHA loan in California, your spouse's debts count in your debt ratio until the divorce is final, even if you are not on them.
  • Because California is a community property state, the title company will usually ask your spouse to sign an interspousal transfer deed so the new home is yours alone.
  • We can talk with your attorney, with your permission, so the loan timeline fits the settlement.
Starting Over

Buying Your Next Home

Which programs are open to you after a divorce.

CalHFA's down payment assistance is only for first-time buyers: no ownership of a home you lived in, and no living in a home your spouse owned, during the last 3 years. CalHFA has no divorce exception, so if you co-owned the marital home in that window, MyHome and Dream For All are not available yet.

Other paths still work. FHA needs 3.5% down and allows gifts for the down payment, and some down payment programs outside CalHFA are open to repeat buyers. Your share of the equity from the old home can also become your down payment.

Checklist

Documents to Gather

Having these ready saves weeks.

  • Final divorce decree, or the signed marital settlement or separation agreement if the divorce is not final
  • The pages of the agreement that set support amounts, assign debts, and award the house
  • Proof of support received: 6 months of bank statements or canceled checks (3 months for FHA)
  • If you pay support: your pay stubs for the last 28 days and the order that sets the amount
  • Mortgage statement for the current loan and the property's insurance and tax bills
  • The usual income and asset documents: pay stubs, W-2s or tax returns, and bank statements
Common Questions

Divorce and Mortgage FAQ

Answers to the questions we hear most from people going through a divorce.

No. A quitclaim or interspousal transfer deed changes who owns the house, not who owes the loan. Your ex stays liable on the mortgage until the loan is refinanced into one name or the lender approves an assumption that releases them. FHA and VA loans can be assumed with the servicer's approval; conventional loans rarely allow it.
Yes, once it has been paid regularly for long enough and will continue for at least 3 years. Conventional loans (Fannie Mae and Freddie Mac) require 6 months of payments received. FHA requires 3 months under a decree or court order. Support set by a new decree that has not been paid yet cannot be counted.
Often, yes. Fannie Mae treats a buyout under a written agreement as a limited cash-out refinance if you have both owned the home for 12 months. FHA treats it as a rate and term refinance, up to 97.75% of the home's value if you have lived there for the past 12 months. Freddie Mac and VA handle it as a cash-out refinance.
Sometimes. Fannie Mae accepts a signed separation agreement in place of a final decree for support income and debts. With an FHA loan in California, your spouse's debts still count against you until the divorce is final, and the title company will usually need your spouse to sign an interspousal transfer deed. Talk to your attorney about timing before you make an offer.
For CalHFA, not if you owned the marital home, or lived in a home your spouse owned, in the last 3 years. CalHFA has no divorce exception for its down payment assistance. FHA, conventional 3% down, and other programs are still open to you.
Yes, as long as your name is on the loan. A divorce decree that assigns the mortgage to your ex lets a lender leave that payment out of your debt ratios, but any late payment your ex makes still reports on your credit. Refinancing it out of your name is the only way to fully separate.

See What You Can Qualify For on Your Own

Tell us about the home and your income, including any support. A local loan officer will walk you through the buyout or purchase options, confidentially.

We are a mortgage broker, not attorneys or tax advisors. Talk with your attorney about your settlement and with a tax professional about the tax effects of a buyout or sale.

This information is not intended to be an indication of loan qualification, loan approval or commitment to lend. Rates, terms, and availability of programs are subject to change without notice.

NMLS# 1484338Equal Housing Lender

Last updated: October 2026