Divorce & Your Business: Navigating Mortgages When You’re Self-Employed

Divorce is a financial whirlwind, and if you’re a business owner, it’s like adding a complex equation to an already challenging situation. Qualifying for a mortgage with fluctuating income, tax deductions, and lender scrutiny can feel overwhelming. But it doesn’t have to.
As a Certified Divorce Lending Professional (CDLP) in Michigan, I specialize in helping self-employed individuals navigate these unique challenges. Let’s break down what you need to know to secure your financial future.
Why Lenders Look at Self-Employed Income Differently
Unlike W-2 employees, business owners face extra hurdles when it comes to mortgages. Here’s why:
- Tax Deductions = Lower Qualifying Income:
- Those smart business deductions? They also lower your taxable income, which is what lenders use to qualify you.
- Example: $150k earnings – $60k deductions = $90k qualifying income.
- Income Rollercoaster:
- Lenders typically want two years of tax returns, which can be tough if your income varies.
- Tip: Freddie Mac allows the most recent year if your business has been established for 5 years or more.
- Example: Income trending upward vs. Income trending downward:
If a business owner earned $200,000 net income in 2023 and $120,000 net income in 2022, lenders may average the two years at $160,000, even if income is trending upward. If the net income is declining from year to year, $200,000 in 2022 but only $120,000 in 2023, lenders will use the $120,000 only because it is the most recent year and the lower of the two years.
- New Business Blues:
- Most lenders require at least two years of self-employment history.
- Exception: If you transitioned from a similar W-2 job, one year might be acceptable.
- DTI Dilemmas:
- Business-related debt can inflate your debt-to-income ratio (DTI).
- Good News: Business debts on your personal credit report can sometimes be excluded if you prove they’ve been paid by the business for 12+ months.
- Divorce Drama:
- If your business is a marital asset, legal disputes can delay your mortgage.
Decoding the Lender’s Language: How They Calculate Your Income
Lenders dig deep into your financial records. Here’s what they look for:
- Tax Returns: Form 1040, Schedule C, K-1, and corporate tax returns (if applicable).
- Profit & Loss (P&L) Statements: To verify current income trends.
- Bank Statements: 12-24 months to check cash flow.
Your Mortgage Game Plan: Strategies for Success
- Partner with a CDLP:
- We understand both mortgages and divorce finances.
- We can help structure settlements for mortgage qualification.
- Strategic Deductions:
- If you’re planning to buy a home, consider limiting deductions for a couple of years beforehand.
- Paperwork Power:
- Be prepared to provide P&L statements, bank statements, and CPA letters.
- Explore Alternative Loans:
- Bank statement loans, DSCR loans, and Non-QM loans can be lifesavers.
- Down Payment Prep:
- A larger down payment (15-20%) can boost your approval chances.
- Refinance Smart:
- Ensure support or business income meets lender guidelines before refinancing.
Real Success: A Birmingham, MI Story
A marketing consultant faced challenges with low taxable income, limited self-employment history, and support that was not received long enough to be qualified income. As her CDLP, I:
- Secured her a Non-QM bank statement loan to overcome the low income and allow her to purchase a new home shortly after her divorce was finalized.
- Helped her plan for a 20% down payment to reduce the overall loan risk.
- Ensured her settlement met conventional loan requirements so she could refinance in the not-too-distant future.
She closed on her home within 75 days and later refinanced into a conventional loan.
Your Next Steps
For Business Owners:
Don’t let self-employment complicate your homeownership goals. Let’s create a tailored mortgage plan. Contact me for a free consultation.
For Family Law Professionals:
Partner with a CDLP to guide your self-employed clients through the mortgage process. Let’s collaborate!