Home Equity and Divorce

Home Equity and Divorce

Member since 2021 · 3 posts · 1 vote

Hello everyone,

Unfortunately, I'm going through a divorce, and I need to either sell the house or pay my ex out. I have been reading a lot about investing, and even though I'm going through some tough times, I think this is the perfect chance for me to get started in investing in real estate. My ex was all about saving. With inflation, that is not a good idea. I'm on the investing side. I rather give it my all, try, and fail rather than save money.

My Current Scenario:

1 - I bought my house at 300k.

2 - The value of my house is around 440k. 

3 - The current balance of the home is 224k. 

4 - My current interest rate on my house is at 4%. 

5 - I owe 72k to my ex. 

6 - If I refinance the house, she only gets 72k because it was based on the appraisal at the time of filing of the separation.

7 - If I sell the house, she gets over 100k.

I have talked to 3 local banks, and if I want to do a cash out refinance, the interest rates that they are willing to offer are between 5.75% and 6.375%. Obviously, the interest rates are higher, it will take my ex-wife off the mortgage, and the monthly payment will be higher.

I asked them for 3 possible scenarios:

1 - Take out 75k (just to pay off my ex-wife) - Interest Rates offered by the local banks (5.75%, 5.875%, 5.99%)

2 - Take out 100k - Interest Rates offered by the local banks (5.75%, 5.875%, 5.99%)

3 - Between 113k - 127k (Take out the 80% of LTV - Extra Money to Invest) - Interest Rates offered by the local banks (5.75%, 6.373%, 6.373%)

Let's say I get 127k from a cash out refinance. That would be 127k - 72k = 55k to invest + own current property.

If I sell the house, it would be 440k - 224k = 216k. The I need to divided by 2 (half to ex), which is 108k with no property.

I also had one of the banks that would offer me a Home Equity Loan.

He said that the bank is willing to give me 80% of LTV for a 30 year fixed rate at 4.44%.

According to him, this will replace the old mortgage with a new one and get my ex off of the mortgage.

I'm familiar with HELOC and Cash-Out Refinance... not so much with Home Equity Loan. I did some research on Home Equity Loan, and it looks like a Home Equity Loan does not replace your existing mortgage but creates a second mortgage on the house. I'm not sure why he is saying it will remove the old mortgage. I need to ask him that to confirm it.

There are pros and cons to each scenarios:

1 - Selling the house would give me more cash in my pocket, but I would need to start from zero when it comes to investing. I think I can wait for 6 months to a year to tap into my equity to invest in other properties.

2 - With Cash-Out Refinance, it would give me less money in my pocket, a higher interest rate, and an increase in my monthly payment. However, I would still have the house, and I could house hack it and rent out 2-3 rooms. That would cover my monthly payment, and also, I could take the 55k and invest in another property(ies).

3 - With Home Equity Loan, the interest rate is lower than the Cash-Out Refinance. It may or may not replace the existing mortgage. I can do the same thing with house hacking and have 55k extra to invest.

My questions are:

1 - Which one is the best solution for my scenario? What would you do? If it replaces the existing mortgage, then I'm leaning towards Home Equity Loan.

2 - What would happen if the market crashed, and all of a sudden, the value of the house was 300,000? I'm stuck with a mortgage of 440k? I wouldn't be able to sell it at that price. At that point, I would rent it out and hope for the best.

If this is too much, I'm sorry!

Thanks in advance!

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Realtor · Oklahoma City · Member since 2020 · 258 posts · 139 votes
4y

Hi @Paolo Scamardella, nothing to be sorry about as you were very detailed with your current situation and gives everyone some insight into some of the options you've already done. I had kinda been in a similar situation as you a while back.

The home equity loan would be a 2nd mortgage and secured by the home tapping into some of the equity. This would most likely be a cheaper option and you'd be able to keep the home. The biggest thing is if you'd be able to remove your ex from the loan.

The cash out refinance is another option, and seems like you have a good idea on it.

Depending on where you live, will determine how big of a crash there may be (but timing is hard to tell on when it will/can happen). Some markets won't be as bad as others, but there is still a huge housing demand and little supply which makes it a little less predictable. Inflation is rising, rates are increasing and bumping some buyers out of the market, & forcing some owners to reconsider their living situations, especially if their income/job hasn't been keeping up with the costs. It is something to consider with potential risks, depending on your location.

One option you can consider is if your loan is assumable, you can most likely assume the loan and remove her from it. This is if the divorce is finalized, and (only) both parties are on the note. You can possibly speak with the lenders you spoke with before to double check if your existing loan is open to it. You could potentially do that then the home equity loan in order to pay her off.

If y'all sell, depending on how long you lived there can avoid paying capital gains taxes if you lived there 2 of the last five years. I think speaking with the lenders again to see. This can depend on what you mainly want to do.

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  • Lender · Member since 2022 · 25 posts · 12 votes
    4y

    Lender here,

    So with the HELOC there are two "types" essentially.

    One type is where you refinance the current mortgage and get a HELOC at the same time. This is the most common because the lender takes less risk holding both mortgages on the property, thinking being that if something happens and and you foreclose they will be priority lien holder either way.


    The other type is a standalone HELOC where like you said it is added in addition to the current mortgage. These are riskier because in the event of a foreclosure they are less likely to make their money back as the current mortgage takes priority.

    I hope this was helpful in explaining that part, the rest is very circumstantial so I will message you so I can help further!

  • Realtor · Oklahoma City · Member since 2020 · 258 posts · 139 votes
    4y

    Hi @Paolo Scamardella, nothing to be sorry about as you were very detailed with your current situation and gives everyone some insight into some of the options you've already done. I had kinda been in a similar situation as you a while back.

    The home equity loan would be a 2nd mortgage and secured by the home tapping into some of the equity. This would most likely be a cheaper option and you'd be able to keep the home. The biggest thing is if you'd be able to remove your ex from the loan.

    The cash out refinance is another option, and seems like you have a good idea on it.

    Depending on where you live, will determine how big of a crash there may be (but timing is hard to tell on when it will/can happen). Some markets won't be as bad as others, but there is still a huge housing demand and little supply which makes it a little less predictable. Inflation is rising, rates are increasing and bumping some buyers out of the market, & forcing some owners to reconsider their living situations, especially if their income/job hasn't been keeping up with the costs. It is something to consider with potential risks, depending on your location.

    One option you can consider is if your loan is assumable, you can most likely assume the loan and remove her from it. This is if the divorce is finalized, and (only) both parties are on the note. You can possibly speak with the lenders you spoke with before to double check if your existing loan is open to it. You could potentially do that then the home equity loan in order to pay her off.

    If y'all sell, depending on how long you lived there can avoid paying capital gains taxes if you lived there 2 of the last five years. I think speaking with the lenders again to see. This can depend on what you mainly want to do.

  • Member since 2021 · 3 posts · 1 vote
    4y

    Hi Trenton,

    Thank you for your time and response!

    It's pretty clear that I'm not going through the standalone HELOC route. Every lender that I talked to is advising against it because it gives me only one year to pay it off, and that is not going to happen any time soon.

    I'm confused with the other type. Are you saying that I can refinance my current mortgage without tapping into my equity, remove my ex from the mortgage, and get a HELOC at the same time? This means that I will have a new mortgage plus a line of credit that acts like a credit card against my house. These are still two separate things, correct? I will have one payment for the mortgage and one more for the line of credit. Is this correct? How long will I have to pay off the line of credit?

    Sorry for my ignorance.

  • Lender · Member since 2022 · 25 posts · 12 votes
    4y
    Quote from @Paolo Scamardella:

    Hi Trenton,

    Thank you for your time and response!

    It's pretty clear that I'm not going through the standalone HELOC route. Every lender that I talked to is advising against it because it gives me only one year to pay it off, and that is not going to happen any time soon.

    I'm confused with the other type. Are you saying that I can refinance my current mortgage without tapping into my equity, remove my ex from the mortgage, and get a HELOC at the same time? This means that I will have a new mortgage plus a line of credit that acts like a credit card against my house. These are still two separate things, correct? I will have one payment for the mortgage and one more for the line of credit. Is this correct? How long will I have to pay off the line of credit?

    Sorry for my ignorance.

    Hi Trenton,

    Thank you for your time and response!

    It's pretty clear that I'm not going through the standalone HELOC route. Each lender that I talked to is advising against it because it gives me only one year to pay it off, and that is not going to happen any time soon.

    I'm confused with the other type. Are you saying that I can refinance my current mortgage without tapping into my equity, remove my ex off of the mortgage, and get a HELOC at the same time? This means that I will have a new mortgage plus a line of credit that acts like a credit card. These are still two separate things, correct? I will have one payment for the mortgage, and one more for the line of credit. Is this correct? How long will I have to pay off the line of credit?

    Sorry for my ignorance.

    Nothing to apologize for! And yes you’re correct, it would be a rate term refinance on the current mortgage, taking your ex-spouse off the loan, and then adding a HELOC on top. 
  • Member since 2021 · 3 posts · 1 vote
    4y

    Hi @Chase Busick,

    Thanks for your time and response too!

    I live in the Myrtle Beach, SC area. Like I said before, I'm thinking about taking the Home Equity Loan route if I can get her off the mortgage.

    I'm not too familiar with the assumable mortgage, and I will have to do some research on it.

    My divorce will be finalized next month.

    In September, it will be 3 years that I have been living in our marital home, so it looks like I can avoid capital gains taxes.

  • Rental Property Investor · Fort Lauderdale, FL · Member since 2022 · 1 post · 0 votes
    4y

    @Paolo Scamardella

    There are several strategies to employ. If you decide to keep the property. I would not under any circumstance take out you current loan.

    Would your soon to be ex-wife allow you to buy her out in payments?? If so you can have her hold a second mortgage and make payments monthly instead of one lump sum.

    Heloc is the way to go. I am not sure what product you are looking that is telling you that you have to pay in one year, usually they have a 20 year amortization in which just like a credit card. You can pay down and reuse over and over again until the 10 year mark. In which the line is frozen for lack of a better word to ensure the loan will be paid off before the maturation date. In addition this is usually a variable rate.

    A second mortgage is just that it will be a cash out refi the rate will be fixed but you can’t reuse the money. If you decide to sell I can help you with a creative financing strategy and be able to pay your wife out at the lower amount as you wanted.

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