Pros and Cons of a Buyout Agreement in Divorce
For divorcing couples who don’t want to sell the marital home, a buyout agreement may be an alternative. A buyout allows one spouse to keep the home by purchasing the other spouse’s share of the equity. While this option can provide stability, it also comes with financial and legal considerations. In this blog, we’ll examine the pros and cons of a buyout agreement to help you determine if it’s the right solution for you.
Pros of a Buyout Agreement
1. Stability and Continuity
A buyout agreement allows one spouse to remain in the home, providing stability—especially for families with children.
The children can stay in the same school district and neighborhood.
The spouse who remains avoids the stress of moving.
2. Avoiding Selling Costs
When a couple sells a home, there are costs associated with the sale, including agent commissions and repairs. A buyout eliminates these costs.
No need for staging or home improvements to attract buyers.
Avoids real estate commissions, closing costs, and potential delays.
Cons of a Buyout Agreement
1. Refinancing Challenges
A buyout typically requires refinancing the mortgage into one spouse’s name, which may not be financially feasible.
The spouse keeping the home must qualify for a new loan based on their income alone.
Higher interest rates may increase monthly payments.
2. Equity Payout
The buying spouse must compensate the other for their share of the home’s equity, which could strain financial resources.
May require taking out a home equity loan or liquidating assets.
If the home’s value has appreciated significantly, the buyout amount could be substantial.
Is a Buyout Agreement Right for You?
A buyout can work well for couples who have the financial means to complete the transaction. Consulting with a Certified Divorce Real Estate Expert can help you understand the financial implications and whether this is a viable option for you.
Final Thoughts – Let’s Discuss Your Options
If you’re considering a buyout agreement, I can help you assess your financial situation and determine if it’s the right choice. Call, text, or email me today, and let’s discuss your options.