Remortgaging after a divorce or separation is often possible with bad credit, but it is not guaranteed. If you want to keep the home, a common route is to remortgage into your sole name and buy out your ex-partner’s share, which means passing a lender’s affordability checks on your own income. The lender will look at your credit file, including any missed payments from the months around the split, and a financial link to your ex can mean their history is looked at too.
This page covers the main options for the home, how a buy-out works, affordability on one income and how to separate your credit file from an ex’s. It is general information, not legal advice. Decisions about property after a relationship ends can have lasting consequences, so speak to a solicitor or family mediator about your own situation. For the detail of the buy-out itself, see buying out your ex-partner.
On this page
In short
- Keeping the home usually means remortgaging into your sole name and passing affordability on your own income.
- Buying out an ex needs a transfer of equity and often pushes up your loan to value.
- A joint mortgage keeps you financially linked, and missed payments on it show on both files.
- Once your finances are separate, you can ask the credit reference agencies for a notice of disassociation.
Your home may be repossessed if you do not keep up repayments on your mortgage. Think carefully before securing other debts against your home. Borrowing over a longer term can mean paying back more in total.
What can happen to a jointly owned home after a split?
There are three broad routes. Which one suits depends on your finances, any children and what you and your ex agree or a court decides.
| Option | What happens to the mortgage | What it means for your credit |
|---|---|---|
| One of you buys the other out | The person staying remortgages into their sole name, often borrowing more to pay the other’s share | The person staying needs to pass credit and affordability checks alone |
| Sell and divide the proceeds | The mortgage is repaid from the sale | The joint mortgage ends, which makes it easier to separate your credit files |
| Keep the home jointly for now | The joint mortgage stays in place, sometimes for an agreed period | You stay financially linked, and missed payments show on both files |
General options only. What happens to the home may be set out in a court order or legal agreement, so take legal advice before acting.
If your deal is ending before things are settled, a product transfer with your current lender may keep payments under control in the meantime, provided you are both willing to stay on the mortgage for now.
How does buying out an ex-partner work?
A buy-out usually involves two things happening together: a transfer of equity, which changes the legal ownership of the home to your sole name, and a remortgage, which replaces the joint mortgage with one in your name and raises the money to pay your ex their share.
| Step | Amount |
|---|---|
| Home value | £300,000 |
| Joint mortgage still owed | £180,000 (60% LTV) |
| Equity (value minus mortgage) | £120,000 |
| Ex-partner’s half of the equity | £60,000 |
| New sole mortgage needed, before fees | £240,000 |
| New loan to value | 80% |
For illustration only. Hypothetical figures, not a lender limit or a guide to how equity should be divided. Your split may not be equal, and fees and costs add to the amount you need.
In this example the LTV rises from 60% to 80%. With adverse credit, some lenders set lower maximum LTVs, so the size of the buy-out can matter as much as your credit history. Our guide on how LTV affects a bad credit remortgage explains why.
Can you afford the mortgage on your own income?
This is often the hardest part. The lender assesses your income and outgoings alone and stress tests the payment against a higher rate. Childcare, maintenance you pay and debts left from the relationship all count. Depending on the lender, some other income may help:
- Maintenance you receive. Some lenders may count spousal or child maintenance, often with evidence such as a court order or Child Maintenance Service statement and a record of payments.
- Benefits. Some lenders consider certain benefits as income, while others do not. See remortgaging on benefits.
If your income alone falls short, a longer mortgage term may lower the monthly payment, but it usually means paying more in total. Our guide on how lenders assess affordability explains the checks in more detail.
Can your ex-partner’s bad credit affect your remortgage?
It can, while you are still financially linked. A joint mortgage, joint bank account or joint loan creates a financial association between your credit files, and a lender may look at your ex’s file when you apply. Payments on joint accounts are recorded on both files, so a missed payment shows for you both, whoever was meant to pay it.
Once you no longer share any finances, you can ask Experian, Equifax and TransUnion for a notice of disassociation, which removes the link. The link usually stays while the joint mortgage is running, so this often comes after the buy-out or sale. Our page on an ex-partner’s bad credit goes into this in more detail.
Until the joint mortgage is repaid or you are released from it, you are both usually responsible for the full payment. If your ex stops paying their part, contact the lender early. Lenders must treat struggling borrowers fairly and consider options such as a payment arrangement. Our page on remortgaging with mortgage arrears explains how missed mortgage payments are viewed.
Do you need a court order before you remortgage?
Not always for the remortgage itself, but a lender may ask how the home is being dealt with, and it is sensible to have your agreement settled first. In England and Wales, an agreement about money and property can be made legally binding with a consent order, or a court can decide through a financial order. GOV.UK explains the process, and has a summary of tax when assets are transferred.
If you are married or in a civil partnership and the home is in your spouse’s sole name, you may be able to register home rights with HM Land Registry, which can help prevent it being sold without you. Scotland and Northern Ireland have their own family law, so the paperwork and terms differ there.
Decisions about the home after separation can be hard to undo. A family solicitor can explain your rights, and some couples use mediation to reach an agreement. MoneyHelper has free guidance on sorting out money when a relationship ends.
What if the separation has left you with debts or missed payments?
A split often puts pressure on budgets, and missed payments or new debts in the months around it are common. Lenders usually look most closely at recent history, so a clear explanation and a record of on-time payments since can help. Our pages on missed payments and defaults explain how each is viewed.
Clearing joint debts through a buy-out remortgage turns them into borrowing secured on your home, and a longer term can mean paying more in total. If money is tight, StepChange and National Debtline offer free, confidential help. Before you apply:
- Get your statutory credit report from all three agencies and note which accounts still link you to your ex.
- Close or separate joint accounts where you can, and keep a record of who pays what.
- Keep up your share of the joint mortgage until the buy-out or sale completes.
- Get your settlement or court order in writing, so an adviser and lender can see the terms.
- Find your deal end date and any early repayment charges.
What may affect a remortgage after divorce or separation
Separation changes the income, the borrowing and the credit picture all at once. These are the details that tend to matter most.
| Factor | Why it matters |
|---|---|
| Your income alone | The mortgage must pass the lender’s affordability checks and stress test on your income, not a joint one. |
| Amount needed to buy out your ex | Their share of the equity, plus fees, is added to what you already owe. |
| LTV after the buy-out | Borrowing more pushes the loan to value up, and some lenders set lower limits for adverse credit. |
| Your credit history | The type, age and status of any CCJs, defaults or arrangements on your own file. |
| Payments around the split | Recent missed payments usually weigh most, so on-time payments since the separation can help. |
| Financial links to your ex | While joint accounts or the joint mortgage remain, a lender may look at your ex’s file too. |
| Maintenance paid or received | Maintenance you pay counts as an outgoing. Some lenders may count maintenance you receive as income. |
| Court order or agreement | A lender may want to see how the home and any payments have been agreed. |
| Early repayment charges | Leaving the joint deal early may trigger charges, which affects the timing and the total you need to raise. |
These are general points, not lender rules. Each lender sets and changes its own criteria.
Information an adviser may ask for
You don’t need all of this to make an enquiry. It helps to know where to find it, because an adviser is likely to ask about most of it.
- Your mortgage balance, deal end date and any early repayment charges
- An estimate of the property’s value
- How much you need to pay your ex-partner, and how the figure was agreed
- A copy of any court order, consent order or separation agreement
- Proof of your income, and evidence of any maintenance you receive
- Details of maintenance you pay and your childcare costs
- Your credit reports, and any joint accounts or debts still in both names
Specific situations
More detail for particular circumstances.
Buying out your ex-partner to keep the home
How a buy-out remortgage after separation usually works, how the amount you need to borrow is worked out, and how a higher loan to value combines with adverse credit.
Can your ex-partner’s bad credit affect your remortgage?
How a financial association with an ex-partner forms, what happens if their credit file has problems, and how to apply for a notice of disassociation.
Frequently asked questions
Can I take my ex-partner off the mortgage without remortgaging?
Sometimes. Some lenders will consider releasing one borrower and keeping the mortgage with the other, but they will usually want the person staying to pass affordability checks alone, and a transfer of equity is still needed to change the ownership. If your lender will not agree, remortgaging to another lender may be the alternative.
How long after a divorce can I remortgage?
There is no general waiting period. What matters more is whether the arrangements for the home are agreed, whether you can afford the mortgage alone and how your credit file looks. If you are buying out your ex, it helps to have the agreement or court order in place first, as a lender may ask about it.
Will my ex’s missed payments on our joint mortgage show on my file?
Yes. Payments on a joint mortgage are recorded on both borrowers’ files, so a missed payment shows for you both, even if it was your ex who was meant to pay. If you think a payment may be missed, speak to the lender as early as you can.
Can I buy out my ex if I have a CCJ or default?
It can be possible. Lenders look at the date, amount and status of each entry, alongside your equity and income. Because a buy-out often pushes the LTV up, the combination of higher borrowing and adverse credit may narrow the options. See remortgaging with a CCJ and buying out your ex.
Do I need my ex’s agreement to remortgage?
If the home or the mortgage is in joint names, usually yes. Both owners have to sign a new joint mortgage, and a transfer of equity needs the agreement of both of you or a court order. Even if the home is in your sole name, a court may have a say in what happens to it during divorce proceedings, so get legal advice first.