The bank’s risk analysis focuses on financial elements. Nevertheless, the marital status must not be a source of disturbance and worry the banker. This is why it is sometimes impossible to make a mortgage as long as the divorce proceedings remain in progress. The explanations with our experts.

Everything will depend on your personal situation at the time of your application and the matrimonial regime. Know that what matters most is the risk of the consequences of separation . Here is point by point the analysis that will be made to do the banker .

This file does not concern the purchase of balance of the spousal which is the subject of a complete file.

The matrimonial regime

You are married under the separation of property regime

You are married under the separation of property regime

For married couples under the separation of property regime, subscribing to a home loan during divorce proceedings poses very few problems insofar as the assets of the spouses are distinct . However, it is a general rule that may be specific cases that may complicate the application.

If you can show that the current formalities will not affect your personal wealth, you will simply have to clarify the issue of child support (if you have dependent children). It will be sufficient to make a quantitative projection by applying the 2013 reference table used to fix alimony .

You are married under the community regime

The situation is more complex and the bank will be cautious as long as the divorce process is not over. In addition to the problem of the possible pension to be paid to dependent children, there is also the question of the division of assets . However, it is not only composed of movable and immovable property acquired by the couple during the marriage. It is also composed of debts subscribed by one or the other spouse.

It is this aspect that most worries the banker. It will undoubtedly be reluctant to make you buy a mortgage while the procedure may reveal the final hidden debts that you will ultimately pay. He then preferred to wait for the final judgment to make his decision.

Our advices

If the procedure is well under way, you can still play on the different deadlines to obtain your mortgage. Here are some tips that can save you time.

Allow a longer period in the compromise

Explain your situation to the seller and try to negotiate a longer period to obtain your loan. In general, the sales agreement provides for 6 weeks to obtain a preliminary offer. After this period, if you have not obtained financing, the seller may return the property for sale.

Try to get a longer delay, for example three months. To reassure the seller, you can offer him an intermediate step at 6 weeks where you will send him a written agreement in principle. Although this type of document is not contractual, it is reassuring to the extent that it gives fairly realistic indications of the feasibility of a file.


Request a loan offer with a condition precedent

loan request

This is a practice that is not widespread. But like the clauses in the compromise, know that it is quite possible to negotiate with the bank sending a prior offer of loan with a condition precedent. You can then obtain a home loan during the divorce proceedings, the banker taking care to specify that the funds can be disbursed only on the express condition that the judgment is not other debts than those you have indicated during the constitution of the file.


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