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Loans and Mortgages

Because the family home is central to all divorce cases, the division of responsibility for mortgage payments and rent is an essential step toward the final decree. Many loan and mortgage companies offer substantially lower payments, less interest, over longer payout periods, so long as a petition is not filed. Once legal title is before the court, most lenders shy away from divorcing owners. See also: exchange policy or admin@divorce-lawyer-child-support.com.


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In particular, we include mortgage resources because of the potential savings for couples who may be facing divorce. Prior to a final divorce decree, both spouses may jointly refinance which in turn reduces monthly expenses and may result in a lower award from the court for monthly child support obligations. Following a divorce, legal title to real estate will be affected by the courts decree and refinancing delayed until legal and equitable title are consolidated by a supplemental deed incorporating the courts orders. Women are particularly susceptible to mortgage difficulties after a divorce decree when changing name or having a limited work and/or credit history. Both spouses may benefit from refinancing: 1) the legal title holder obtains lower mortgage rates and 2) the departing spouse lowers the basis for calculation of monthly necessities and future payments (alimony, child support, spousal support, contractual support). Through cooperation, both may receive the benefit of mortgage refinancing.

If you have questions regarding the effect of divorce and divorce laws on legal title to real estate, we recommend you contact a local divorce attorney. Child support laws and future payment obligations are affected by refinancing and mortgage rates. No representation is made, express or implied, regarding any information appearing in the sites above.

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