Going through a divorce or separation is difficult. It’s a time when emotions are running high. But more often than not, it is also a time when you will face important decisions regarding your home, banking, loans and insurance, all of which have to be made quickly. These decisions have a significant impact on the future state of your finances, so it is wise to schedule a meeting with your banker to discuss their implications. In the meantime, myLIFE has prepared an overview of the key things to consider.
When separating or divorcing from your partner, the first thing to do in financial terms is to secure your assets. Make a list of your personal and joint bank accounts, and any for which you hold a third-party mandate. As you proceed, remember that it’s always better to be safe than sorry.
No matter your situation, remember that a joint account implies active and passive joint liability for both holders.
During any separation, issues surrounding property are often impacted by emotional factors which may cloud the true implications of having bought a home that you both own. There are several options open to you regarding your home, as well as your mortgage.
You decide to keep the marital home yourself and take on sole responsibility for repaying the mortgage. This means you will bear the financial burden alone, and must also compensate your partner for their share. You will have to pay them one half of the home’s net value. Calculate the amount to be paid (i.e. their share of the net value of the home) as follows:
Until the mortgage is transferred to one of the parties, both of you remain jointly liable for paying it back. Double-check the amount to compensate your ex with your notary.
You decide to sell the property and pay off the mortgage early. You can use the proceeds from the sale to pay off the outstanding balance on the mortgage, or possibly to purchase another property. But don’t forget to talk with your banker about the consequences of early repayment.
You decide to keep your home and continue paying off the mortgage together. If this is the agreement you come to, you and your partner remain jointly liable for paying back your mortgage, and nothing about your loan protection insurance will change. All documents and information will be sent to both borrowers.
In addition to paying the mortgage itself, don’t forget your loan protection insurance payments, as well as your homeowners and family insurance.
In addition to paying the mortgage itself, don’t forget any insurance payments you may have. Whether it’s for loan protection insurance, homeowners insurance or your family insurance plan, you will need to tell your bank and insurance provider about the change in your situation so that they can make any necessary or desired amendments.
Do you have other debts? Just like for your mortgage, make arrangements for any personals loans you have. The status of these loans is tied to your matrimonial regime.
You are the sole owner of every financial investment or investment vehicle acquired in your name.
Never fear, you are the sole owner of every financial investment or investment vehicle acquired in your name. But keep in mind that a divorce or separation is likely to entail significant expenses, requiring a supply of cash. Don’t rush this part! Talk things through with your banker before exiting investments early. Depending on the investment, an early exit may entail significant costs and missed opportunities. Take the chance to review your current investments and determine the most suitable strategy going forward.
We strongly encourage you to contact your insurance agent to review your current policies, and whether they should be adjusted to your new situation. What happens with your car insurance if the car belongs to both spouses? Who receives the premium refund if an insurance policy is cancelled in the middle of the year? How can you change the beneficiary? These are questions you will need expert help with to ensure they are decided in your best interests.
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