
Doing Divorce Different with Lesa Koski
Can You Keep the House in Divorce?
Episode Title: Can You Keep the House in Divorce? Mortgage Assumptions, Refinancing & the Mistakes to Avoid Episode Description: Keeping the house in divorce? Learn how mortgage assumptions, refinancing, home equity buyouts, and divorce-decree wording can affect your future. For many families, deciding what to do with the home is one of the most emotional—and financially significant—parts of divorce. Selling is not always the only answer. Keeping it is not always the right answer, either. The key is getting the right information before your agreement is final. In this episode of Doing Divorce Different, Lesa Koski talks with divorce mortgage specialist Brett Leschinsky about what it really takes to keep the house in divorce. They explain why a low interest rate should not be the only factor in your decision, how a name-delete mortgage assumption works, and why the spouse keeping the home must qualify using post-divorce income and debt. You will also learn the critical difference between being on the title and being on the loan, how missed payments can affect an ex-spouse whose name remains on the mortgage, and why precise divorce-decree wording may influence whether an equity payment is treated as a buyout or a cash-out refinance. Brett also shares when temporarily keeping both names on a loan may work—and why trust, timing, and a detailed exit plan matter. If you are wondering whether you can keep the house in divorce, refinance after divorce, assume your current mortgage, or buy another home before the divorce is final, this conversation will help you ask smarter questions before signing your decree. Listen, save, and share this episode with anyone facing decisions about divorce, real estate, or mortgage financing. Timestamps (approximate) (00:00) Introduction: Can you afford to keep the house in divorce? (02:50) How Brett became a divorce mortgage specialist (07:15) The emotional and financial sides of keeping the family home (09:00) Why higher interest rates changed divorce negotiations (11:45) Mortgage assumptions: where to start and whom to call (15:30) Qualifying with post-divorce income, debts, and debt-to-income ratios (20:55) Why divorce-decree wording matters to mortgage underwriting (23:00) Home-equity buyout versus cash-out refinance (26:00) DIY divorce paperwork and when limited-scope legal help may matter (29:50) Title versus loan: ownership is not the same as repayment responsibility (34:20) Risks of leaving both spouses on the loan after divorce (38:40) Final advice and Brett’s mortgage-rate handbook Production note: Replace these estimates with exact player timestamps after the final audio edit, especially if advertisements or an introduction are added. Key Takeaways Do not automatically sell the home—or automatically fight to keep it. Compare the full post-divorce cost of ownership with realistic alternatives, including rent. A mortgage assumption is never guaranteed. Confirm that the servicer allows it and learn its underwriting requirements before the divorce is finalized. The spouse keeping the home generally must qualify using post-decree income and debts; servicers may apply different debt-to-income limits. Title and loan responsibility are separate. A quitclaim deed can change ownership, but it does not remove a borrower from the loan. The wording in the divorce decree can affect financing options. Coordinate with a divorce mortgage specialist and legal professional before signing—not after. Guest Bio Brett Leschinsky is a Minnesota mortgage consultant (NMLS #334641) who has worked in mortgage lending since 2002 and specializes in home-financing issues connected to divorce. After discovering that traditional mortgage advice did not always fit divorcing families, he committed himself to helping clients and family-law professionals understand assumptions, refinancing, equity buyouts, loan qualification, and timing. Brett has discussed divorce mortgage mistakes on WCCO’s Real Estate Radio Hour and has presented educational programs for family-law attorneys. Resource Links Connect with Brett Leschinsky / Mortgage Forest: https://mortgageforest.com/ Contact Brett or request his Divorce Handbook: https://mortgageforest.com/contact/ OsteoStrong Minnesota: https://osteostrongmn.com/affiliate-referral-koski/ (affiliate link) Soberlink for Family Law: https://www.soberlink.com/divorce/family-law?utm_source=affiliatelink&utm_medium=referral&utm_campaign=lesa-koski-affiliatelink (affiliate link) Affiliate disclosure: Some links may be affiliate links, which means Lesa may receive a commission at no additional cost to you. 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