If you cannot afford the mortgage on your own after divorce, that does not always mean you have to sell the family home. Depending on your circumstances, it may still be possible to keep the home by buying your ex out, staying jointly on the mortgage for a period, or agreeing to delay the sale until a later date. The key is making sure any arrangement is realistic, fair, and properly recorded in a court-approved consent order.
This has become an even bigger issue because mortgage rates have risen again in March 2026. Average two-year fixed rates increased from 4.83% at the start of the month to 5.51%, while average five-year fixed rates have also climbed. Lenders have been withdrawing deals as rates change, making it harder for separating couples to plan with confidence. Even though the Bank of England held Bank Rate at 3.75% on 19 March 2026, the pressure on mortgage affordability remains very real for couples trying to work out whether one of them can stay in the home after divorce.
Your main options if you want to keep the home after divorce
- Buy your ex out and remortgage into your sole name
- Stay jointly on the mortgage for a period, with clear terms set out in a consent order
- Delay the sale until the children are older or the financial position improves
- Sell the property if neither of you can realistically afford to keep it
High mortgage rates affect divorcing couples because they make it harder for one person to afford the home on their own, which can delay or prevent a buyout and force couples to consider other arrangements.
How do high mortgage rates affect divorcing couples?
When a couple separates, they usually decide to do one of two things with the marital home following a divorce. Either one party buys the other out, or they sell the property and split the proceeds.
Many choose to buy the other out, especially if there are still dependent children, because they want to keep their home after divorce and create as much stability for their children as possible.
The problem with high mortgage rates is that they reduce affordability. With higher interest rates come high monthly mortgage repayments, and one person simply can’t afford to pay the mortgage on their own following divorce. This can stop one spouse from buying the other out.
What is the best way to buy your ex out of the former family home after divorce?
The best way to buy your spouse out of your house after divorce is to pay them a lump sum equivalent to their share of the property. In return, they transfer any property rights that they’ve got to you so that you have sole ownership. If you are both on the mortgage, your spouse will be removed, and you will take out a mortgage in your name only following divorce. This is the best way of buying your ex out because it gives you both a financial clean break after your divorce so that you can move on with your lives.
What if you can’t get a mortgage in your name after divorce?
If you can’t get a mortgage in your name and buy your ex out of your home after divorce, you have a couple of options, but they require your spouse’s agreement.
If both of your names are on the mortgage and you can’t afford to get a mortgage on your own, you can both remain on the mortgage after divorce, but you agree that you will solely be responsible for paying off the mortgage.
A consent order makes this agreement legally binding so that if you fail to pay, the debt is your responsibility, not your spouse’s. However, as far as the mortgage provider is concerned, you are still both liable for the mortgage, so if you fail to pay, it will negatively affect both of your credit ratings.
A variation of this option that we are seeing more of because of the cost of living crisis is that both parties continue to pay the mortgage after divorce, even though only one remains in the property. At some point in the future, the property is sold, and the person who didn’t live in the property gets their money back and a share of the property. Again a consent order makes this agreement legally binding, protecting both of your interests.
Why you need a consent order if you’re staying on a mortgage after divorce
Both of these options are a good idea, especially if you’ve got children and you can’t afford the mortgage on your own following divorce. But it’s essential to have a consent order in place to give you absolute clarity on what you have both agreed to and to prevent either of you from changing your mind or going back on your word.
More and more, we are preparing consent orders where one spouse continues to live in the former family home, but both of them remain on the mortgage for several years following divorce, often until a child reaches a certain age or until an early redemption penalty has passed. Here are a couple of case studies demonstrating how such an agreement works.
Real Life Case Study 1
A couple has been married for 17 years, and they have two children, aged twelve and ten. The mother can’t afford to get a mortgage on her own after their divorce.
The father is moving out into rental accommodation, and they have decided that he will continue to pay the mortgage until the youngest child turns 18. When the youngest turns 18, they will sell the property.
Once the property is sold, the remaining mortgage and conveyancing costs will be paid off, and the father will get back the money he has paid off the mortgage since moving out, and then the remaining balance will be shared equally.
Real Life Case Study 2
Another couple are in a similar situation. They don’t want to sell, preferring to have a stable home for their children. The fixed-rate term has now ended, and their mortgage has gone onto a standard variable rate, which keeps increasing. The wife, who is remaining in the house following divorce, can’t afford to pay the mortgage by herself, so the couple has agreed that she will pay the amount that was previously fixed, and the difference now that it’s switched to a variable rate will be shared by the two of them.
With any situation like this, it’s crucial to make sure that a consent order is put into place because, in any informal agreement, either party can change their mind. Whereas with a court approved consent order, the court can make each party meet their obligations. And that’s important in a situation where you’ve got a joint mortgage. Because with a joint mortgage, you’re both responsible for making repayments, irrespective of whether you live there or are divorced, and both of your credit scores will be affected if you fall behind on mortgage payments.
Are you in a similar situation and need some advice? For more information about consent orders visit our Consent Order page, or call 0204 586 6111 or book a free consultation with one of our award winning advisers.
FAQs about keeping your home after divorce when you cannot afford the mortgage
Can I keep the home after divorce if I cannot afford the mortgage on my own?
Yes, sometimes you can. If you cannot afford to remortgage into your sole name straight away, there may still be other options, such as staying jointly on the mortgage for a period, agreeing that the property will be sold later, or reaching another arrangement that allows you to remain in the home for the time being. The right option will depend on your finances, your mortgage lender, and whether your ex agrees.
Can both spouses stay on the mortgage after divorce?
Yes. It is possible for both of you to remain on the mortgage after divorce, even if only one of you continues living in the property. This is quite common where there are children and neither party wants to force an immediate sale. However, both of you remain legally responsible to the lender unless the mortgage is changed, so it is important to record clearly who is paying what and what will happen in the future.
Does a consent order remove someone from the mortgage?
No. A consent order does not remove a person from the mortgage. Only the mortgage lender can agree to that. What a consent order can do is set out what you have both agreed between yourselves, for example who will live in the property, who will make the mortgage payments, whether the property will be sold later, and how the equity will be divided when that happens.
What happens if one person stops paying the mortgage after divorce?
If both of your names are still on the mortgage, the lender can pursue both of you for the payments, regardless of what you agreed privately. That means missed payments can affect both of your credit ratings. This is why it is so important to put any agreement into a court-approved consent order, so there is clarity and legal protection between the two of you.
Can I buy my ex out of the house after divorce?
Yes, if you can afford to do so. Usually this means paying your ex a lump sum for their share of the equity and arranging for the mortgage to be put into your sole name. This is often the cleanest solution because it gives both of you a financial clean break, but it will depend on whether a lender is willing to approve the mortgage in your sole name.
What if we agree that one of us stays in the house until the children are older?
That can be dealt with in a consent order. Some couples agree that one person will remain in the family home until a child reaches a certain age, after which the property will be sold or transferred. This kind of arrangement can work well where stability for the children is the main priority, but it needs to be drafted carefully so that everyone is clear on their rights and responsibilities.
