What Is A Spousal Buyout?

Tim Lyon • September 19, 2024

If you’re going through or considering a divorce or separation, you might not be aware that there are mortgage products designed to allow you to refinance your property and buy out your ex-spouse.


If you’re like most people, your property is your most significant asset and is where most of your equity is tied up. If this is the case, it’s possible to structure a new mortgage that allows you to purchase the property from your ex-spouse for up to 95% of the property’s value. Alternatively, if your ex-spouse wants to keep the property, they can buy you out using the same program.


It’s called the spousal buyout program. Here are some of the common questions people have about the program.


Is a finalized separation agreement required?


Yes. To qualify, you’ll need to provide the lender with a copy of the signed separation agreement, which clearly outlines asset allocation. 


Can the net proceeds be used for home renovations or pay off loans?


No. The net proceeds can only buy out the other owner’s share of equity and/or pay off joint debt as explicitly agreed upon in the finalized separation agreement.


What is the maximum amount that you can access through the program?


The maximum equity you can withdraw is the amount agreed upon in the separation agreement to buy out the other owner’s share of the property and/or retire joint debts (if any), not exceeding 95% loan to value.


What is the maximum permitted loan to value?


The maximum loan to value is the lesser of 95% or the remaining mortgage + the equity required to buy out other owner and/or pay off joint debt (which, in some cases, can total < 95% LTV. The property must be the primary owner-occupied residence.


Do all parties have to be on title?


Yes. All parties to the transaction have to be current registered owners on title. Your solicitor will be required to confirm this with a title search.


Do the parties have to be a married or common-law couple?


No. Not only will the spousal buyout program support married and common-law couples who are divorcing or separating, but it’s also designed for friends or siblings who need an exit from a mortgage. The lender can consider this on an exception basis with insurer approval. In this case, as there won’t be a separation agreement, a standard clause will need to be included in the purchase contract to outline the buyout.


Is a full appraisal required?


Yes. When considering this type of mortgage, a physical appraisal of the property is required as part of the necessary documents to finalize the transaction.


While this is a good start to answering some of the questions you might have about getting a mortgage to help you through a marital breakdown, it’s certainly not comprehensive. When you work with an independent mortgage professional, not only do you get a choice between lenders and considerably more mortgage options, but you get the unbiased mortgage advice to ensure you understand all your options and get the right mortgage for you.


Please connect anytime; it would be a pleasure to discuss your needs directly and provide you with options to help you secure the best mortgage financing available. Also, please be assured that all communication will be held in the strictest of confidence.


Tim Lyon

Mortgage Consultant

By Tim Lyon September 18, 2025
What is an Open Mortgage? In Canada, most mortgages are "closed" mortgages, meaning you'll face a penalty if you want to pay them off early. An open mortgage is different - it can be paid off at any time without penalty. However, this flexibility comes at a cost. Open mortgage rates are significantly higher than closed mortgage rates because lenders need to account for the possibility that you might pay off the entire balance at any time. This makes open mortgages unsuitable as a long-term strategy. When Open Mortgages Make Sense There are two main scenarios where an open mortgage can be a smart short-term solution: Planning to Sell Soon After Renewal If you're planning to sell your home within a month or so of your renewal date, it makes sense to renew into an open mortgage. This way, when your property sells, you can pay off the mortgage immediately without penalty. An alternative strategy is to renew your entire mortgage into a HELOC (Home Equity Line of Credit) if you qualify. A HELOC typically offers a lower rate and requires only interest payments, making it less expensive. However, not every lender offers HELOCs and not every borrower will qualify. Switching Lenders at Renewal The most common use case for open mortgages is when switching lenders at renewal. Sometimes its hard to make the dates line up exactly. For example if your renewal date is on a weekend or if you are on vacation or if we need a few extra days to get the new mortgage completed. In these situations, you would instruct your current lender to renew your mortgage into an open mortgage. A few days later, when we complete the switch to your new lender, the open mortgage gets paid out without penalty. Although the rate is high, since it's only for a few days, the overall cost remains minimal. I actually ask all my clients who are switching lenders at renewal to ask their existing lender to renew their mortgage into an open mortgage, even if we plan to align the dates perfectly. That way if there is a slight delay of a day or two they aren’t automatically renewed into a new closed mortgage by the existing lender. Quick Summary Key Benefits of Open Mortgages No penalties for early repayment – flexibility to sell or switch anytime Short-term solution for timing issues – useful during renewals and transitions Peace of mind – no risk of being stuck in a costly closed mortgage if plans change suddenly Important Considerations High rates (often double closed mortgage rates) make them unsuitable for long-term use Limited availability compared to standard closed mortgages Best used strategically for short-term situations like selling or switching lenders Example Imagine your mortgage is up for renewal, but you’re switching lenders and the process runs a few days past your renewal date. If you renew into a closed mortgage with your current lender, you could face penalties when you switch a few days later. If you renew into an open mortgage, you pay a slightly higher rate for those few days but avoid penalties altogether. Mortgage Term Glossary Closed Mortgage : A mortgage with restrictions on early repayment, usually with penalties for breaking the term. HELOC (Home Equity Line of Credit) : A revolving credit line secured by your home, typically at lower rates than an open mortgage. Mortgage Renewal : The process of negotiating a new term for your mortgage once your current one expires. Penalty : A fee charged by lenders if you break or pay off a closed mortgage early.
By Tim Lyon September 18, 2025
Understanding the different types of insurance that come up in the mortgage process, and which ones you actually need.