Navigating Divorce: Keeping the House Fair
So, she left you—why should you have to refinance at higher interest rates just to keep the house? Hi, I’m Tulsa Dads.Law attorney Clint Hastings here in Tulsa, Oklahoma. I focus on fathers’ rights, and I’ve been practicing for 25 years.
The Legal Realities of Divorce
Fellas, I know it feels completely unfair. She left you—maybe even had an affair—and now she’s entitled to equity in the home. In order for you to keep it, you’d have to refinance, get her name off the note, and buy out her equity unless you have other funds to cover her share. Unfortunately, the law doesn’t consider “fault” in Oklahoma divorces. It’s a no-fault state, which means the court doesn’t punish someone for leaving or for bad behavior in the marriage. Instead, the court’s job is to divide property and debts fairly.
Here’s the problem: if you keep the house and her name stays on the promissory note, she remains liable for the debt. That affects her credit and her ability to buy another home or car, and she could also be held responsible for foreclosure costs or fees if you fall behind. That’s why refinancing is usually required, even if interest rates are much higher.
Weighing Your Options
And yes, that can be a heavy burden. Depending on your loan, refinancing at today’s higher rates could add tens of thousands—or even hundreds of thousands—over the life of the loan. But selling the house isn’t always better. If it’s ordered to be sold, you’re out of a home altogether. And if you need to buy again, you’ll likely face those same higher interest rates, assuming you still qualify based on credit and income.
The reality is, divorce often feels like a tornado tearing through your life. You take financial losses, you make sacrifices, and it rarely feels fair. But fairness isn’t always the standard—equity and legal obligations are.
Let Us Help You Find a Way Forward
If you’re in this situation, it’s critical to work with an experienced attorney to explore your options. Give Tulsa men’s divorce attorney Clint Hastings a call at 918-962-0900, and we’ll be glad to walk you through it and help you find the best path forward.