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Settled With Joe
0401 222 353

Urgent Divorce Property Settlement Refinance

Moving the home loan into one name to pay out a former partner, once the terms are set.

  • Indicative assessment within 2 business days.
  • Loans up to $2M.
Call 0401 222 353
★★★★★5.0 from Google reviews
Divorce Property Settlement Refinance
Indicative assessment within 2 business daysAcross 90+ lenders

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★★★★★Joseph Alam
He came from a place of understanding
Getting a loan was difficult for me but not only did Joe get the loan done, he came from a place of understanding. Highly recommend and when I need to refinance at any stage I know who to see.
★★★★★Will M
Great experience from start to finish
Great experience from start to finish. Joe was professional, responsive and transparent throughout the entire process. He explained everything clearly and made it easy to move forward with confidence. Highly recommend for anyone looking for reliable and trustworthy financial services.
★★★★★John Safi
Easy the whole step of the way
Dealing with Joe was really easy the whole step of the way. He made it so easy to consolidate all my debts and get the best deals for me.
★★★★★Jack Roberts
Always gets you a great deal
Great mortgage broker. I have worked with Joe across multiple loans and never had any issues — efficient, professional and always gets you a great deal!
★★★★★Emilio Ayoub
Smooth and stress-free
Joe was awesome to deal with. Super knowledgeable, easy to talk to, and made the whole process smooth and stress-free. He explained everything clearly and worked hard to get the best outcome for us. Highly recommend Settled with Joe if you're looking for reliability, transparency and quality.
★★★★★Nick Jr Constantin
Clear and stress-free
Great experience working with Joseph during my home loan application. He was knowledgeable, responsive, and made the whole process clear and stress-free. I really appreciated his support and would happily recommend him to anyone needing help with property matters.
★★★★★Philip Albert
Actually makes the whole process easy
Highly recommend Settled with Joe if you're looking for a mortgage broker who actually makes the whole process easy. Joe was professional, knowledgeable, and always available to answer questions. He handled everything smoothly from start to finish and helped secure a great outcome without the usual stress that comes with finance.

Keeping the home after separation, with the payout tested against one income first

  • Indicative assessment within 2 business days, and settlement usually 3 to 6 weeks after the terms are signed
  • Loans from $100K to $2M to discharge the joint mortgage and pay out a former partner's agreed share
  • Your family lawyer first, and selling and dividing the proceeds compared honestly with keeping the home
  • Assessed on one income, plus child support where a lender accepts it
  • Full-doc (tax returns), low-doc or alt-doc (BAS, bank statements or an accountant's letter instead) options across our 90+ lender panel

Your property settlement says you keep the home. It also names a sum owed to your former partner and a date to pay it. The mortgage, though, is probably still in both names. A divorce property settlement refinance replaces the joint loan with a new loan in your name alone, which pays out the old mortgage and funds the agreed share. Every lender asks the same question: can one income carry the new repayments? We can look at that with you before the terms are final, so you and your lawyer know whether the figure is one a lender is likely to accept.

Other options to look at with your lawyer first

Keeping the home is one possible outcome. Selling and dividing the net proceeds removes the need for any new loan, and the two are worth setting side by side with your lawyer. If the payment date looks hard to meet, ask your lawyer whether it can be moved. For help working through separation, the Family Relationship Advice Line is on 1800 050 321 (Monday to Friday 8am to 8pm, Saturday 10am to 4pm, local time). In NSW, LawAccess NSW on 1300 888 529 (9am to 5pm, Monday to Friday) is a free first contact for legal help. Legal Aid NSW assists with property settlement agreements, and whether it can represent you depends on eligibility. If family or domestic violence is part of your situation, 1800RESPECT is on 1800 737 732. For free financial counselling, the National Debt Helpline is on 1800 007 007.

Who we can help access finance

  • Separated spouses keeping the family home under consent orders that fix a payout amount and a payment date.
  • De facto partners whose binding financial agreement transfers the home to one of them.
  • Homeowners whose former partner is still named on the mortgage and the title, and who need both moved into a single name.
  • Parents who receive child support and want to know whether a lender will consider it alongside their own income.
  • Self-employed owners whose income is shown through BAS or an accountant's letter because their latest tax return is out of date.

How Divorce Property Settlement Refinance Works

Three figures set the size of the new loan: the balance of the current joint mortgage, the amount payable to your former partner, and the costs of the transfer. The lender values the home and works out the loan-to-value ratio (LVR), the loan as a share of the property's value. Where the new loan is more than 80% of the value, most lenders add lenders mortgage insurance (LMI). LMI is usually a one-off cost that protects the lender, not you. Repayments are then assessed on your income alone, including any debts that stay in your name after settlement.

At settlement the new lender pays out the joint loan and releases the funds your conveyancer has set out on the settlement statement, including your former partner's share. The title is transferred into your name. The home is security for the new loan, so it is at risk if repayments are not met. Get independent legal advice on the loan documents before you sign.

Joseph Farhat and his team work to the payment date in your terms and compare a panel of 90+ bank, non-bank, and specialist lenders. We arrange the finance only. The settlement terms, the transfer and any duty exemption are for your lawyer and conveyancer.

What Lenders Assess for Divorce Property Settlement Refinance

Signed terms
many lenders want sealed consent orders or a signed binding financial agreement before they approve, because that fixes the amount and limits the risk of the settlement being reopened.
Your income alone
wages, business income and any other regular income in your name, verified with payslips, tax returns, BAS or bank statements.
Child support received
some lenders consider it, usually with a Services Australia assessment or a court order and a steady payment history, often only in part and only while the children are under a lender-set age.
Your living costs after separation
rent or running costs on one household, costs for any children in your care, and any support you pay.
The valuation
lenders lend against their own valuation, which may differ from the value used in your agreement.
The payment date
how much time remains for a valuation, approval and settlement before the date in your terms.

The Divorce Property Settlement Refinance Process: What to Expect

  1. Share the agreed payout, or the range being discussed, the payment date, the current loan balance and your income with Joseph Farhat and his team. Your lawyer remains in charge of the settlement terms.
  2. Within 2 business days you receive an indicative read on what one income may support, so you and your lawyer can see whether the payout is likely to be workable.
  3. Once the orders are sealed or the agreement is signed, we lodge with the lender that best fits your income, the property and the date, and the lender orders its valuation.
  4. The formal approval sets out the amount, rate, fees and conditions. We take you through the total cost before you sign.
  5. On settlement day the joint mortgage is discharged, your former partner is paid as the settlement statement directs, and the home is registered in your name.

Indicative Finance Options

Lender TypePricingTypical Loan RangeLoan TermIncome EvidenceSpeed to Settlement
BankSharpest available pricing$100K to $2MUp to 30 yearsFull-doc, one income3 to 6 weeks after signed terms
Non-Bank LendersPriced for flexibility$100K to $2MUp to 30 yearsFull-doc, low-doc or alt-doc2 to 4 weeks after signed terms
Private FinanceNot typically used for consumer buyout refinancing. Available for unique scenarios only.

Indicative figures only. Actual terms depend on your income, the property, the terms of your orders or agreement, and lender assessment at the time of application. We quote your rate and comparison rate for your actual loan amount and term before you apply. Terms are subject to change.

Why borrowers choose Settled With Joe for divorce property settlement refinance

We represent you, not the lender
acting in your best interests is a legal duty that Joseph Farhat and his team owe you.
Lawyer first
the terms are settled with your lawyer, and we work to the date in them.
One income, tested early
an indicative figure before the terms are signed shows whether one income is likely to support the payout.
A lender chosen before anything is lodged
one application keeps enquiries on your credit file to a minimum.
A wide panel
90+ bank, non-bank, and specialist lenders, so a clear file can go to a bank and a self-employed income still has options.
Private finance for unique scenarios
where bank and non-bank lenders are not the right fit, we can introduce you to private finance options.
Usually no direct cost to you
as a broker we are typically paid by the lender on settlement.
An honest answer
if one income will not carry the payout, we say so early, so selling can be considered with your lawyer.

Frequently asked questions

What is a divorce property settlement refinance?
It is a home loan in one name that replaces a joint mortgage after separation. The new loan pays out the existing mortgage and funds the share owed to a former partner under consent orders, a binding financial agreement or another agreement. Afterwards one person owns the home and is solely responsible for the loan. It applies to married and de facto couples alike.
Do I need consent orders or a signed agreement before I can refinance?
Usually, yes. Many lenders want sealed consent orders or a signed binding financial agreement before they give formal approval, because it fixes the payout and lowers the chance of the settlement being reopened. An informal agreement is not enforceable by a court. An indicative assessment can still be done while your lawyer is negotiating.
Is there a time limit for finalising the property settlement?
Yes, for applying to the court. Married couples must apply for property orders within 12 months of the divorce becoming final. De facto couples must apply within two years of the relationship breaking down. After that, the court's permission is needed and it is not always granted. Your lawyer can confirm how these limits apply to your dates.
Do I pay stamp duty when my former partner's share is transferred to me?
In NSW, a transfer can be exempt from transfer duty when all of these apply: the marriage, de facto or domestic relationship has broken down irretrievably (a divorce is not needed); the property is matrimonial or relationship property; it passes to one or both of you, a trustee for a child (not a discretionary trust) or a trustee in bankruptcy; and the transfer is made under court orders, a binding financial agreement, an agreement made to divide property because of the separation, or a registered arbitration award. It applies however long the relationship lasted, and the application is made on Revenue NSW's exemption form. Other states set their own rules, so your conveyancer can confirm what applies.
Will the lender use the property value in our agreement?
Not necessarily. The lender orders its own valuation and lends against that figure. If it comes in lower than the value used in your settlement, the LVR rises and the loan may need LMI, or the amount available may fall.
Can child support be counted when I apply?
With some lenders, in part. Lenders that consider child support usually want a Services Australia assessment or a court order and a history of regular payments. Many accept only part of it, and only while the children are under an age the lender sets. It is not usually accepted as your only income. Because policies differ, child support can change which lender suits your application.
What if one income will not support the payout?
Then a refinance may not work on the current terms, and we will say so. Selling and dividing the proceeds, or asking your lawyer whether the terms can be revisited before they are final, are the alternatives to raise.
Can I refinance if I am self-employed and my latest tax return is out of date?
Often, yes. Low-doc and alt-doc lending lets a lender verify your income with BAS, business bank statements or an accountant's letter instead of the latest tax return. Lenders still verify your income. Low-doc loans usually come with a lower maximum LVR and higher pricing.
Will applying affect my credit score?
Every credit application is recorded on your credit file, and several in a short time can count against the next one. Our indicative assessment is worked from your documents and lodges nothing with a lender. Once your terms are signed, the lender is chosen first, so the refinance goes to one lender rather than several.
What is a comparison rate, and why are no rates shown on this page?
A comparison rate combines the interest rate with most standard fees, so two loans can be compared on cost. It is calculated for a set loan amount and term, so one advertised figure can mislead for a loan of a different size. We give you the rate and comparison rate for your own loan amount and term.
Do you work with borrowers with bad credit?
Yes, we do. A credit listing does not automatically rule out a refinance. Lenders look at your current income, how the home loan has been repaid recently, and the equity in the property. Some lenders on our panel weigh those factors more heavily than the credit file and price for the risk rather than decline. Telling us at the start lets us approach a suitable lender first.
Do you act in my best interests?
Yes. When we provide credit assistance on consumer lending we owe you a best interests duty. The law requires us to act in your best interests and to put your interests first if they ever conflict with ours. We make reasonable inquiries into your requirements, objectives and financial situation. You receive our Credit Guide before we start.
Why work with Settled With Joe to arrange your divorce property settlement refinance?
Because one conversation can tell you whether the payout is workable before you sign anything. We help spouses and de facto partners, employees and self-employed owners, all working to a payment date in their terms. There is no judgement, and we do not need the story behind the settlement. What matters is your income alone, how lenders treat child support, the valuation and the date. Our panel spans 90+ bank, non-bank, and specialist lenders, so a straightforward file can go to a bank and a self-employed income still has options. We are based in Sydney and arrange refinancing Australia-wide. Joseph Farhat and his team will give you an honest answer early.
Do you give financial advice?
No. We do not guide you on your finances, nor give financial advice. We focus on outcomes and solutions of presenting your unique scenario to the right lender so you can access funding in a timely and compliant manner.
Do you help with divorce property settlement refinance outside Sydney?
Yes. Settled With Joe is based in Sydney and arranges divorce property settlement refinance Australia-wide, covering both metro and regional areas. We work with clients in Sydney, Melbourne, Brisbane, Perth, Adelaide, and Canberra, as well as regional areas including Newcastle, Wollongong, Geelong, Gold Coast, Sunshine Coast, and Toowoomba. Transfer duty on a separation transfer is set by each state, so your conveyancer can confirm the rules where the home is, and your lawyer can confirm the family law rules that apply to you.

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