Skip to content
Assumption Path

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
A homeowner at her kitchen table on a calm morning, holding a cup of coffee
A set of house keys resting on an oak entry table

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.

That’s me — check eligibility

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.

Illustration · $350,000 over 30 years
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

$
%
yrs
%

Freddie Mac average as of November 5, 2026 · source

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.

  1. 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.

  2. 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.

  3. 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.

  4. 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.

Hands signing assumption documents at a wooden table

Your three options

Assume, refinance, or sell — side by side.

Comparison of assuming, refinancing, and selling
FactorAssume with usRefinanceSell
Your interest rateYou keep your existing rateResets to today's rate (avg. 7.18%)Gone — you'd buy again at today's rates
You keep the homeYesYesNo
Former spouse off the loanYes, once the servicer approves the releaseYes — the old loan is paid offYes — the old loan is paid off
Upfront costsServicer's capped assumption fee; our fee only at closingClosing costs, often 2–5% of the loanAgent commissions and selling costs
QualifyingServicer reviews your income and creditFull new-mortgage underwriting—
Cash for an equity buyoutNot included — handled in the settlementPossible with a cash-out refinanceSplit 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.

Start with a free review

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.
Refer a client
A family mediator reviewing a file with a client in a bright office

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.

A sage-green craftsman home at golden hour with its porch light on

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

Who are you?

No credit pull · No obligation · Reply within one business day