06/16/2026
Divorcing or separating and want to keep the house?
Both spouses on the mortgage?
Then you’ll likely need to refinance to remove your spouse from the loan.
That creates two challenges.
➡️ You have to qualify for the loan on your own.
➡️ You could be trading a low rate for a higher one, which can completely change whether staying in the home is financially realistic.
Luckily, the issue is making its way to state law.
Maryland, Virginia, and California have all passed laws requiring lenders to allow one spouse to assume the existing mortgage in a divorce or legal separation. Same rate. Same terms. No refinance needed.
Not in one of those states? Some lenders already offer this option voluntarily.
Most people never think to ask.
So before you assume refinancing is your only option, talk to your lender.
That one conversation could save you from walking away from your home.