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Can we refinance during the divorce to lessen our bills?

On Behalf of | Jun 2, 2025 | Divorce |

Texas follows community-property rules, so both spouses usually share liability for debts acquired during marriage. Refinancing can transfer that liability to the spouse who will keep the house or car, trim monthly payments or unlock equity for a buyout. Lenders do not bar borrowers in the middle of a divorce, but they do require clear documentation of each party’s income and ownership.

Home loans: Key hurdles

The first hurdle is the title and deed. The spouse staying in the property must hold title outright before most lenders will issue a new note. In addition, there is credit qualification. Removing one wage earner means the remaining borrower must meet debt-to-income ratios alone. And, finally, there is the equity split. Cash-out proceeds can fund a buyout, but withdrawing equity reduces future net worth.

Vehicle loans: Transferring the keys and the debt

Cars bought during marriage also fall under community rules. Refinancing the auto loan, or trading in for a new one, can move the balance to a single borrower. However, the title must match the loan paperwork.

Refinancing before the divorce decree can: protect credit by erasing joint debt quickly and lower payments if interest rates are favorable. Refinancing after final orders may: simplify underwriting because property division is settled and avoid re-drafting loan disclosures if terms change during negotiations. Though, factors such as credit scores, rate trends and the clarity of the property-settlement agreement influence the best timing.

Conclusion

Texas spouses may refinance a mortgage or auto loan at any stage of a divorce, provided they satisfy lender criteria and align the transaction with community-property rules. A well-planned refi can separate liabilities, free up equity for buyouts and streamline future finances. Though, rushing the process without clear terms can create new complications.