How the buyout math works
The amount to buy out a spouse comes down to one number: equity. Take the home's value, subtract the mortgage and any other liens, and you have the equity the two of you share. Multiply that by the departing spouse's ownership percentage — 50% in most marriages — and that's the buyout: the cash (or asset trade) the staying spouse owes to make things even.
Funding it is the second question. If both names are on the loan, the staying spouse usually refinances — taking a new mortgage large enough to pay off the old balance and hand the other spouse their share. That only works if the home's value supports the new loan; lenders typically cap a cash-out refinance around 80–95% of value. If it doesn't pencil out, many couples offset the buyout with other assets (one keeps the house, the other keeps more of the retirement or savings) or simply sell and split.
Run your own numbers above, then estimate the rest of the settlement with the asset division calculator or read the full buyout guide.
Frequently Asked Questions
How do you calculate a house buyout in a divorce?
Find the equity — market value minus the mortgage and any liens — then multiply by the other spouse's ownership share (often 50%) to get their buyout amount. To fund it, you typically refinance the mortgage for the old balance plus the buyout, if the home's value supports that new loan.
How do you decide the home's value for a buyout?
Most couples use a professional appraisal or agree on a figure from a real-estate agent's comparative market analysis. Using one neutral appraiser you both accept avoids each side picking a self-serving number. The buyout is only as accurate as the value you agree on.
Is a house buyout taxable?
Generally no — the IRS treats property transfers between divorcing spouses as non-taxable at the time of transfer. But the spouse who keeps the home takes on its cost basis, which can affect capital-gains tax if they sell later. This is general information, not tax advice.
Do I have to refinance to buy out my spouse?
Usually, if both names are on the mortgage. Refinancing removes your spouse from the loan and can provide the buyout cash. A divorce decree alone does not remove anyone from a mortgage — until you refinance or pay it off, both spouses remain responsible to the lender.