For divorcing homeowners keeping the house
Keep the house.
Keep the rate.
We guide you through a mortgage assumption so the loan is in your name alone and your former spouse can be released from it — without refinancing out of the low rate you already have.
$2,490flat fee — due only if your assumption closes.
2 minutes · No credit pull · Confidential
- No fee unless it closes
- FHA, VA & eligible conventional
- Attorney- & mediator-friendly
Is this you?
The house is staying with you. The loan should too.
You're keeping the home.
Your divorce decree or settlement awards the house to you — or will.
Your loan is FHA, VA, or conventional (Fannie Mae or Freddie Mac).
USDA loans can be assumed but usually don't release the original borrower. We'll tell you upfront.
You can carry the payment on your own.
Your servicer will review your income and credit — not your former spouse's.
Your rate beats today's.
If you locked in during 2020–2022, the gap is likely hundreds of dollars a month.
The refinance trap
Refinancing just to remove a name can cost you hundreds a month.
The usual advice is to refinance into your name alone. That replaces your rate with today’s — and adds thousands in closing costs. An assumption keeps your existing loan, rate, and remaining term. Only the names on it change.
- At 3.0%
- $1,476
- At 7.18% today
- $2,371
That’s $895 more every month for the same house.
Principal and interest only. Today’s rate is the Freddie Mac 30-year average as of November 5, 2026.
Run your own numbers
Keep your loan (assume)
$1,517/mo
Refinance into a new 30-year
$2,168/mo
Keeping your rate could save about $650 a month and $325,162 in interest over the life of the loan.
Estimate of principal and interest only, for illustration. Excludes taxes, insurance, mortgage insurance, refinance closing costs, and assumption fees. Not an offer of credit.
How it works
Four steps from “we’re keeping the house” to a loan in your name.
Most assumptions take roughly 60 to 120 days. The pace is set by your servicer — our job is to make sure your file never sits still.
Step 1
Free eligibility review
Tell us about your loan and your divorce timeline. We confirm your loan type, your servicer's assumption process, and whether a release of liability is available. No credit pull from us.
Step 2
We build your assumption package
We assemble the servicer's application, your income and asset documents, and the decree or settlement language — and check everything before it's submitted.
Step 3
We manage the servicer to a decision
Servicers are slow and often steer people toward refinancing. We answer underwriting conditions, follow up relentlessly, and keep your attorney or mediator in the loop.
Step 4
Closing and release — then you pay
When the assumption closes and your former spouse is released, our $2,490 fee is due. If it doesn't close, you owe us nothing.
Your three options
Assume, refinance, or sell — side by side.
| Factor | Assume with us | Refinance | Sell |
|---|---|---|---|
| Your interest rate | You keep your existing rate | Resets to today's rate (avg. 7.18%) | Gone — you'd buy again at today's rates |
| You keep the home | Yes | Yes | No |
| Former spouse off the loan | Yes, once the servicer approves the release | Yes — the old loan is paid off | Yes — the old loan is paid off |
| Upfront costs | Servicer's capped assumption fee; our fee only at closing | Closing costs, often 2–5% of the loan | Agent commissions and selling costs |
| Qualifying | Servicer reviews your income and credit | Full new-mortgage underwriting | — |
| Cash for an equity buyout | Not included — handled in the settlement | Possible with a cash-out refinance | Split from sale proceeds |
Pricing
One flat fee. Paid only if it works.
No retainer, no hourly billing, no upfront deposit. If your servicer doesn’t approve the assumption, you owe us nothing — and you can stop working with us at any time.
Assumption coordination
$2,490
Due only at successful closing
- Eligibility review and servicer research
- Complete assumption package, prepared and checked
- Release-of-liability request for your former spouse
- Servicer follow-up through the final decision
- Coordination with your attorney, mediator, and title company
- Plain-English updates at every step
Not included
Your servicer’s own assumption or processing fee (for example, FHA allows up to $1,800; VA charges about $300 plus a locality-based variance), and any title or recording costs.
For divorce attorneys & mediators
Help your client keep the house — and the rate.
Awarding the home is easy on paper. Getting the other spouse off the mortgage — without forcing your client into a higher rate — is where settlements stall. We handle that part, alongside you.
- Draft terms the servicer will accept
- We share what each servicer requires before the decree is final — property award, assignment of the mortgage, cooperation clauses, and quitclaim timing.
- Keep the timeline realistic
- Assumptions run on the servicer's clock. Starting the review early keeps the settlement from depending on a deadline nobody controls.
- No cost to your client unless it closes
- We don't pay or accept referral fees, so there's nothing to disclose and nothing to conflict.
Questions
Straight answers, before you commit to anything.
For homeowners
What is a mortgage assumption, exactly?
Your existing loan — the same rate, balance, and remaining term — is transferred so it's in your name alone. When the servicer also approves a release of liability, your former spouse is no longer responsible for the debt. Nothing about your rate changes.
Doesn't federal law already let me keep the loan after a divorce?
Partly. The Garn–St Germain Act generally stops a lender from calling the loan due when the home is transferred to a spouse under a divorce decree or settlement. But that only protects the loan from being accelerated — it doesn't take your former spouse's name off the debt. Removing them requires a separate approval from your servicer, called a release of liability. That's the part we pursue for you.
Which loans qualify?
FHA and VA loans are assumable, subject to the servicer's review of your credit and income. Conventional loans owned by Fannie Mae or Freddie Mac have servicing rules that allow a divorce transfer to a spouse, with a release of liability when the remaining borrower qualifies. USDA loans can be assumed, but USDA generally doesn't release the original borrower — so if a release is your goal, we'll tell you upfront. Other loans depend on the lender's terms.
What happens if my servicer says no?
You owe us nothing. Our $2,490 fee is due only if your assumption closes.
How long does it take?
Most assumptions take roughly 60 to 120 days, and some take longer. The pace is set by your servicer. We keep the file complete, answer conditions quickly, and follow up so it doesn't stall.
Will you pull my credit?
No. We don't pull credit. Your servicer will review your credit and income as part of its own decision.
What does it cost besides your fee?
Your servicer may charge its own assumption or processing fee — for example, FHA allows up to $1,800, and VA charges about $300 plus a locality-based variance. There may also be title or recording costs. We'll estimate these with you before you start.
What about my former spouse's share of the equity?
An assumption doesn't produce cash, so an equity buyout has to be handled another way — often through other assets in the settlement, a payment schedule, or a separate second-lien loan. We'll walk through the options with you and your attorney early, so the settlement and the assumption fit together.
Are you a lender or a law firm?
Neither. Assumption Path coordinates mortgage assumptions. We don't make loans or give legal, tax, or financial advice. Your servicer makes the credit decision, and your attorney advises on your settlement.
For attorneys & mediators
When should my client contact you?
As early as possible — ideally while the settlement is still being negotiated. Knowing the servicer's assumption path before the decree is final lets you draft terms the servicer will actually accept.
What decree language helps?
Clear award of the property to your client, assignment of the mortgage obligation, a cooperation clause requiring the departing spouse to sign servicer documents, and realistic timing for the quitclaim and release. We're happy to share what specific servicers ask to see.
Do you pay or accept referral fees?
No. We don't pay or accept referral fees. Your client pays nothing unless their assumption closes.
Which states do you work in?
Tell us the property's state on the form and we'll confirm whether we can help before any work begins.
Free eligibility review
Let’s see if your loan can stay yours.
Share a few details and we’ll tell you, plainly, whether an assumption with a release of liability is realistic for your loan — and what it would take. $2,490 only if it closes.
Prefer email? hello@assumptionpath.com