Buying guide

Refinancing your mortgage after a breakup or divorce

What happens to the mortgage when you separate?

Murray Joiner
Last updated: 15 May 2024 | 3 min read
AI

AI summary

When a couple with a mortgage separates, both partners remain legally responsible for payments until the property is sold or refinanced. The house is typically sold, with proceeds first repaying the mortgage before the remaining equity is divided.

Under the Property (Relationships) Act, assets are usually split equally for relationships over three years. However, a 'contracting-out' agreement can set different terms. Partners may agree to an unequal split to help one person buy out the other, especially for children's stability.

What happens to the mortgage when you separate?

What is the law around dividing up relationship property?

Does shared property have to be split equally when you break up?

Why would someone agree to less than half the house in a break up?

Authors

Murray Joiner Murray Joiner
Content Writer

Karina Reardon Karina Reardon
Head of Strategic Partnerships