Document Guide

Divorce Decree, Separation Agreements, and Mortgage Processing

Divorce and legal separation create several mortgage documentation requirements — around alimony/child support income, property buyouts, and quitclaim deeds.

Requirements

What the Lender Requires

  • Full executed divorce decree (all pages)
  • Separation agreement if not divorced yet
  • Proof of alimony/child support receipt (6–12 months of deposits)
  • Quitclaim deed if removing ex-spouse from title
  • Refinance payoff if buying out ex-spouse equity
Process

How CTC Processes Divorce and Separation Documentation for Mortgages Files

  1. 01Obtain full divorce decree
  2. 02CTC reviews for alimony/support obligations
  3. 03Confirm property title status
  4. 04Coordinate quitclaim if needed
  5. 05Verify support income with bank statements
Conditions

Common Conditions Related to Divorce and Separation Documentation for Mortgages

  • Proof of support payments (12 months bank statements showing deposits)
  • Court modification documents if support amount changed
  • Quitclaim deed from ex-spouse (must be recorded before or at closing)
  • Separation agreement if divorce not final
Approach

How CTC Handles Divorce and Separation Documentation for Mortgages

Divorce files are among the most complex to process. CTC identifies all obligations and income sources. Alimony received can qualify with 3 years remaining; alimony paid counts as a monthly debt.

FAQ

Frequently Asked Questions

Can I use alimony or child support income to qualify?

Yes — if support has been received consistently for 6–12 months and has at least 3 years remaining per the decree. Bank statements and the executed decree are required.

How does a joint mortgage work in a divorce?

Both spouses remain responsible until the property is sold, refinanced, or a lender releases one party. A quitclaim deed alone does NOT remove mortgage liability.

What if my ex-spouse needs to sign a quitclaim deed?

CTC coordinates with the title company to prepare the quitclaim deed. The ex-spouse must sign before or at closing. Uncooperative ex-spouses can delay the transaction.