Divorce and Real Estate in the Twin Cities, MN: Why Joint Ownership Isn’t a Quick Fix
In today’s real estate landscape — marked by rising home values, elevated interest rates, and shrinking affordability — divorcing couples are increasingly opting to remain co-owners of their home or stay jointly liable on a mortgage after the divorce is finalized. While this might appear to be a practical short-term solution, it often leads to long-term financial and legal complications.
Two Examples of Cases Scenarios
Scenario 1: Joint Mortgage Liability
Robert and Lisa finalized their divorce with an agreement. Lisa would stay in the marital home, but both would remain on the mortgage. As time went on, mortgage payments were missed — damaging both of their credit scores.
When Robert later attempted to purchase a new home, his mortgage application was denied due to his continued liability on the old mortgage. This triggered a prolonged legal dispute. By the time the issue was resolved, the home's condition had deteriorated, refinancing options had disappeared, and the costs of litigation had significantly depleted their shared equity.
Scenario 2: Joint Ownership Without Protection
Michael and Brenda agreed that Brenda would continue living in the home while both remained on title. Over the next few years, Brenda missed homeowner association dues and let the property insurance lapse.
Eventually, the HOA placed a lien on the property and initiated foreclosure proceedings. Matters worsened when a fire damaged the property — and a neighbor’s — leaving both Michael and Brenda personally liable for the damages. Despite having no control over the property, Michael’s name on the title exposed him to substantial financial loss, legal claims, and credit damage.
The Hidden Risks of Post-Divorce Co-Ownership
While joint ownership or mortgage responsibility may seem like a cooperative arrangement, the reality it might be riskier — especially in the current market. Key risks include:
Credit Damage: Missed payments or defaults affect both parties, regardless of who resides in the home.
Refinancing Challenges: Changing market conditions may make refinancing impossible in the future.
Legal and Financial Liability: Staying on title means continued exposure to lawsuits, liens, and property damage claims — even without occupancy.
Maintenance and Disputes: Disagreements over repairs, taxes, or the eventual sale of the home often result in costly litigation.
Enforceability Issues: Vague settlement agreements can be difficult to enforce, leaving both parties unprotected.
With the increase of home prices and the increase of mortgage rates, delayed resolutions are increasingly common — and more difficult to unwind.
A Professional Perspective: Clean Separation is Best
Though it may be a difficult decision emotionally or financially, fully separating real estate interests at the time of divorce might be a safer path forward. This can be accomplished through:
· A refinance and buyout
· A structured sale of the property, or other clearly defined legal arrangements that remove shared obligations.
If a joint arrangement is necessary, both parties should proceed with full awareness of the risks and a detailed, enforceable agreement in place.
If you’re facing this decision in your divorce, reach out for expert guidance tailored to your specific situation. Please feel free to contract Shannon Lindstrom, Certified Divorce Real Estate Expert (CDRE®) and Realtor® at RE/MAX Results today to begin your journey with the guidance and expertise that will help you make empowered decisions during this time.
Shannon Lindstrom, Realtor®, CDRE®, GREEN, MILRES, MRP, VCA
RE/MAX Results
Direct: 612-616-9714
Lindstrom_S@msn.com
Shannon@ShannonLindstromRealtor.com
www.ShannonLindstromRealtor.com
www.ShannonLindstrom.info
https://www.ilumniinstitute.com/cdre/shannon-lindstrom
