Legal, Claims & Settlements Family Law & Divorce Conventional 28/43 qualifying ratios; Fannie Mae limited cash-out refinance treatment

Divorce House Buyout Calculator

Keeping the marital home means two separate things have to work at once: you have to pay your spouse for their half of the equity, and you have to carry the resulting mortgage on one income. This calculator does both. It nets the equity down for the mortgage and for a hypothetical cost of sale, prices the buyout at whatever share the settlement gives, sizes the refinance that funds it, and then tests the new payment plus taxes, insurance and upkeep against your income using the front-end and back-end ratios an underwriter will apply.

Calculator

This calculator runs in your browser. Enable JavaScript for live results — the inputs, formula and worked example below remain fully readable without it.

Inputs this calculator takes, with typical values
InputWhat to enterExample
Home valueUse an appraisal or a broker's opinion of value, not the tax assessment.420000 $
Mortgage balanceThe payoff figure from your servicer, including any second mortgage or HELOC secured on the house.250000 $
Hypothetical selling costsAgent commission plus transfer costs. Set it to zero if your settlement values the house gross.7 %
Share you are buying outThe percentage of the net equity the departing spouse is entitled to under the settlement.50 %
Cash you can put inSavings or a share of other assets used to reduce the amount you have to borrow.10000 $
Refinance rateThe note rate you have been quoted on the new loan, not the APR.6.5 %
Refinance termA longer term lowers the payment and raises the total interest.30 years
Property tax, insurance and HOAAnnual total. Underwriters count all three toward the housing ratio.6450 $
Upkeep allowanceRepairs and replacement reserve. Lenders ignore this; your budget should not.1 % of value / yr
Your monthly income after supportGross monthly income, plus support you receive and minus support you pay.10200 $
Other monthly debt paymentsCar loans, student loans, minimum card payments; not utilities or groceries.600 $
Housing ratio limitThe conventional guideline is 28% of gross income for housing.28 %
Total debt ratio limit43% is the general qualified-mortgage threshold; some programmes stretch to 50%.43 %

It returns

  • Buyout owed to your spouse — Their share of the net equity, before any offset against other assets.
  • Net equity in the home
  • New loan needed
  • New principal & interest
  • Total monthly housing cost — Payment plus tax, insurance, HOA and your upkeep allowance.
  • Housing cost to income
  • Total debt to income
  • Largest loan your ratios allow — At the rate and term entered, given both ratio limits.

The formula

Buyout=(VMcV)s
front=housing costmonthly income
back=housing cost+other debtmonthly income

In plain text: Buyout = (V - M - c x V) x s; New loan = M + Buyout - cash

  • VAppraised value of the home ($)
  • MMortgage payoff balance, including any second lien ($)
  • cHypothetical cost of sale as a fraction of value (decimal)
  • sShare of net equity owed to the departing spouse (decimal)

The new loan is then priced with the standard amortised-loan formula, and tested against income with the front-end and back-end ratios.

Updated Category Family Law & Divorce Verified against published test cases Reading time 11 min

A buyout is two separate problems wearing one name

The first problem is a price. Your spouse owns a share of the equity in the house, and if you keep it you have to hand them the cash value of that share, or give up something of equal value elsewhere in the settlement. The second problem is a cash-flow test. Once you have raised that cash, usually by refinancing, you own a bigger mortgage than the marriage did, and you service it on one income instead of two.

People routinely solve the first and skip the second. A settlement that awards you the house at an agreed value is not the same thing as a lender agreeing to lend you the money to fund it, and a divorce decree does not release you from a joint mortgage — only a refinance or a formal novation does. Until the loan is in your name alone, your former spouse's credit is still on the line and any late payment you make lands on their file too, which is why decrees usually set a deadline for the refinance and a fallback of sale if it does not happen.

The calculator handles both halves in sequence: net equity, then the buyout share, then the loan that funds it, then the payment, then the ratio test.

How the equity is netted down, and why the cost of sale is contested

Gross equity is value minus mortgage. Net equity subtracts something else: what it would cost to turn the house into cash. Agent commission, transfer taxes and closing costs typically run in the region of 6% to 8% of the sale price in the United States, and the argument in almost every buyout is whether that deduction belongs in the number.

The spouse keeping the house says yes: the other party's share should be what they would actually have received had the house been sold, and the keeping spouse will bear those costs one day. The spouse leaving says no: no sale is happening, the cost is hypothetical, and deducting it transfers real money today for a cost that may never be incurred. Both arguments are made in court and neither wins universally — some jurisdictions deduct costs of sale only when a sale is imminent or ordered. Set the field to zero to see the gross-equity version and compare; on the default figures the difference is $14,700 in the buyout, which is 7% of $420,000 halved.

Once the share is priced, the loan follows. You need enough to retire the existing mortgage and to pay the buyout, less whatever cash you can bring. That new balance is then amortised at the quoted rate over the chosen term, and the payment goes into the ratio test alongside taxes, insurance, HOA dues and a realistic upkeep allowance. Lenders do not count upkeep. Include it anyway: a house does not stop needing a roof because you are divorcing.

One financing detail is worth knowing before you shop. Fannie Mae treats a refinance that buys out a co-owner's interest under a written agreement as a limited cash-out refinance rather than a cash-out refinance, even though cash is leaving the transaction. That classification matters, because cash-out refinances carry tighter loan-to-value limits and worse pricing. Bring the decree or the settlement agreement to the lender and make sure the transaction is coded correctly.

Worked example: a $420,000 house with $250,000 owing

The house appraises at $420,000. The mortgage payoff is $250,000. The settlement gives your spouse half the net equity and you assume a 7% cost of sale. You have $10,000 in cash to contribute, you are quoted 6.5% on a 30-year refinance, tax, insurance and HOA run $6,450 a year, and you budget 1% of value a year for upkeep. Your income after support is $10,200 a month and you carry $600 a month in other debt.

  1. Selling costs. 7% × $420,000 = $29,400.
  2. Net equity. $420,000 − $250,000 − $29,400 = $140,600.
  3. Buyout. 50% × $140,600 = $70,300.
  4. New loan. $250,000 + $70,300 − $10,000 = $310,300.
  5. Payment. At 6.5% over 30 years the factor is 6.32068 per $1,000, so 310.3 × 6.32068 = $1,961.31 a month in principal and interest.
  6. Carrying costs. $6,450 ÷ 12 = $537.50, plus 1% × $420,000 = $4,200 a year, which is $350 a month. Together $887.50.
  7. Total housing cost. $1,961.31 + $887.50 = $2,848.81.
  8. Front-end ratio. $2,848.81 ÷ $10,200 = 27.93%, just inside the 28% guideline.
  9. Back-end ratio. ($2,848.81 + $600) ÷ $10,200 = 33.81%, comfortably inside 43%.

Loan-to-value is $310,300 ÷ $420,000 = 73.88%, which keeps you clear of mortgage insurance. This deal works — but only just on the housing ratio. Half a point of extra rate pushes the payment to about $2,065 and the front-end ratio past 28%, which is exactly the kind of sensitivity the rate table below is for.

How to read the result

Look at the two ratios before you look at the buyout figure. The buyout is negotiable; physics is not. If the front-end ratio comes out above your limit, the house is unaffordable at that loan size, and the fixes are limited: bring more cash, negotiate a smaller share, take a longer term, or sell. Extending from 15 years to 30 cuts the payment substantially, but it also means you are still paying for this house well past the age at which you had planned to stop.

The largest-loan output tells you how much room you have. Compare it against the new loan: the difference is your margin. A margin of a few thousand dollars means a rate move between now and closing can undo the plan, so lock the rate rather than assuming today's quote.

Then look at loan-to-value. Above 80% on a conventional loan you will pay mortgage insurance, which this calculator does not add to the housing cost, so your real ratio is worse than shown. Above 97% no conventional programme will write the loan at all, and the buyout has to be funded from other assets or the house has to be sold.

Finally, remember what the number leaves out. It does not include the tax basis you are inheriting along with the house, and it does not include the transaction cost you will pay when you eventually sell. A house awarded at $420,000 with a $90,000 basis carries a latent capital gains liability that a retirement account of the same nominal value does not, which is why matching a house against a 401(k) dollar for dollar usually favours whoever takes the account. Run the home sale capital gains tax calculator on the eventual sale before you agree that the two assets are equal.

Buyout share against equity: what you have to raise

The buyout is net equity multiplied by the share. Each cell below is that product, so a $150,000 equity split 60/40 in your spouse's favour needs $90,000 raised.
Net equity40% share50% share60% share
$100,000$40,000$50,000$60,000
$150,000$60,000$75,000$90,000
$200,000$80,000$100,000$120,000
$250,000$100,000$125,000$150,000
$300,000$120,000$150,000$180,000

Net equity is value minus mortgage minus any cost of sale you deduct. Add the mortgage balance to the cell to get the loan you have to qualify for.

What goes wrong in a house buyout

  • Using the tax assessment as the value. Assessments lag the market and are computed for a different purpose. Get an appraisal, and if the two of you cannot agree, agree on a single appraiser in advance rather than duelling reports.
  • Assuming the decree removes you from the loan. It does not. Only a refinance, a formal assumption approved by the lender, or a sale takes a name off the note. Set a deadline in the agreement and a consequence if it is missed.
  • Forgetting that the payment now sits on one income. Two salaries carried the old mortgage; one carries a bigger new one. This is the single most common reason a buyout unwinds within two years.
  • Ignoring mortgage insurance above 80% LTV. It can add a meaningful monthly sum that is absent from every quote you were shown as principal and interest.
  • Trading the house against a retirement account at face value. A house carries selling costs and a deferred capital gain; a Roth account carries neither. Compare after-tax, after-cost values.
  • Overlooking the deferred maintenance. The roof, the furnace and the water heater are on their own clock and do not care about the settlement date. The upkeep allowance in this calculator exists for a reason.

Where the buyout sits in the wider settlement

Fix the income figure before you fix the house. Support runs first: the child support estimate calculator and the alimony and spousal support calculator both change the income you enter here, in one direction if you receive and the other if you pay. Then the buyout becomes one line in the overall division — the marital property division calculator shows how an equalising payment can be routed through the house rather than through cash, which is often cleaner than a refinance.

If you conclude the house does not work, the alternatives are worth pricing rather than dreading. Selling and splitting the proceeds is the simplest and cheapest, because it converts a contested value into an actual number and removes both names from the loan on the same day. Deferred sale — one spouse stays until a trigger such as the youngest child finishing school, then the house is sold and the proceeds divided — keeps stability at the cost of leaving both parties financially entangled for years.

Whatever route you take, sanity-check the payment against a plain mortgage payment calculator and your overall borrowing capacity against a home affordability calculator run on your post-divorce income. If those two disagree with this page, the difference is almost always mortgage insurance or an escrow figure you have not yet updated.

Ratios are guidelines, not laws

The 28% housing and 43% total-debt figures used as defaults here are conventional underwriting conventions; 43% is the general qualified-mortgage threshold under the ability-to-repay rule. Individual programmes go higher with compensating factors such as large reserves or a high credit score, and FHA and VA use their own limits. Set the two limit fields to whatever your lender has told you, and treat anything above them as a signal to re-plan rather than as a verdict.

Frequently asked questions

Do I have to deduct selling costs from the equity?

It depends on your jurisdiction and on the judge. The argument for deducting is that the departing spouse should receive what a sale would actually have netted; the argument against is that no sale is occurring and the cost is speculative. Some courts deduct only where a sale is imminent or ordered. Set the field to zero to see the gross-equity version, and negotiate with both numbers in front of you.

Can I keep the house without refinancing?

Only if the lender agrees, which is rare. A divorce decree binds you and your spouse; it does not bind the lender, so a joint mortgage stays joint until it is refinanced, formally assumed with the lender's approval, or paid off by a sale. Assumption is possible on some FHA and VA loans and occasionally on conventional ones, and it is worth asking about when the existing rate is far below today's.

What if I cannot qualify on my own income?

The realistic options are to bring more cash to reduce the loan, to accept a smaller share of other assets in exchange for a smaller buyout, to lengthen the term, to add a co-borrower, or to sell. Support you receive counts as income for most lenders if the order is documented and has a remaining term of at least three years, so a decree drafted with that in mind can be the difference between qualifying and not.

Is the buyout payment taxable to my spouse?

Transfers of property between spouses incident to a divorce are generally not taxable events under U.S. federal law: the receiving spouse takes the transferor's basis and no gain is recognised at the time. That is why the tax basis of the house matters so much in a settlement. Confirm your own position with a tax adviser, because the treatment of the cash you borrow to fund the buyout and of the interest on it is a separate question.

Should the value be the appraisal or what we could actually get?

Use a current appraisal or a broker's opinion of value based on recent comparable sales, and agree on the source before either party commissions it. Tax assessments are the worst choice because they are computed on a different schedule for a different purpose. Where the market is moving quickly, some settlements use a value determined at the date of the refinance rather than at the date of separation.

What loan-to-value can I go to on a buyout refinance?

Conventional programmes generally allow up to 95% loan-to-value on a limited cash-out refinance, with mortgage insurance required above 80%, and buying out a co-owner under a written agreement is normally treated as limited cash-out rather than cash-out. Cash-out refinances are typically capped at 80%. Confirm the exact limit with your lender, because the classification of your transaction determines both the cap and the price.

How does the mortgage interest deduction work after a buyout?

The deduction follows whoever is legally liable on the loan and actually pays it, subject to the acquisition-debt limits in the tax code. Debt taken on to buy out a spouse's interest in a home you already own is not automatically acquisition indebtedness, so the interest on that portion may not be deductible. This is a fact-specific question worth putting to a tax adviser before you assume a deduction into your budget.

Is 28% housing to income a hard limit?

No. It is a long-standing conventional guideline, and plenty of borrowers are approved above it when other factors are strong. The reason to respect it in a divorce specifically is that your income is less diversified than it was: with one earner and no second salary as a shock absorber, a ratio that looks merely tight on paper leaves nothing for a bad year.

References

  • Selling Guide: Limited Cash-Out Refinance Transactions — Fannie Mae
  • Ability-to-Repay and Qualified Mortgage Standards, Regulation Z (12 CFR 1026.43) — Consumer Financial Protection Bureau
  • Publication 504, Divorced or Separated Individuals — Internal Revenue Service