This is not legal advice, and qualified legal counsel should be sought for any legal purpose. VA Mortgage Loan and Loan Assumption for Veterans. The VA recognizes life events occur and remain focused on meeting the needs of veterans during such times. Undoubtedly, it was not the intent for any veteran to be “forced” to forfeit an entitlement or benefit due to an unplanned circumstance. The VA mortgage Loan program is no exception. While a divorce may not be avoidable, alternatives are provided for the veteran to continue with the VA mortgage loan when their spouse is a non-spousal veteran (NVS). From the beginning of the VA mortgage loan process education and transparency is provided for both co-borrowers. Explanations and procedures are including in cases of default and removing a co-borrower. Likewise, continuous opportunities are made available through transactions as well as posted publicly for both parties to understand the program and its’ affects in different situations. More specifically, the VA Pamphlet 26-7, is provided to the parties and not only states a veteran can release a spouse from joint owners, joint borrowers in the event of a divorce, but the ways in how to accomplish such. The goal is always to protect the veteran’s benefit while acknowledging a NVS’ need for loan release of liability. Some alternatives include refinancing, but with restrictions from lenders as well as the VA. These options do not avoid refinance charges or other lender fees. In those instances, the terms of the loan will reflect the current housing and lending interest rates rather than original terms of a mortgage. They can create future financial burdens with increased fees, interest rates and payments. The simplest way to protect a veteran’s VA mortgage loan benefit is to utilize a “loan assumption” with a “release of liability” (ROL). A loan assumption is not the same as a refinance loan. It allows a veteran to maintain the original VA mortgage loan terms and conditions. The VA mortgage loan would be “assumed” by the veteran while a NVS would be released (ROL) as a joint owner/borrower. The VA loan assumption and NSV ROL appears to be the best strategy if it would burden a veteran with increased monthly payments. Prior to March 1, 1988, loan assumptions were automatic. Thereafter, loan assumptions are required to be requested through the lender and the VA for permission. In the event, a lender cannot provide permission for a loan assumption, a loan can be transferred to another lender who can. The first step required would be to secure a lender for loan assumption. Once acquired, the lender should begin their loan assumption process. Upon completion of the loan assumption, a ROL through the Regional Loan Center (RLC), Department of Veterans Affairs in the area should be filed. Keep in mind a ROL has specific language to be included for success. There is a prerequisite, however. Loan assumptions require a legally binding separation agreement or divorce decree. But a signed separation agreement by all parties based on the local laws and ordered by the court can often be used in lieu of the final divorce decree. This is ultimately the first step and would seemingly be arranged through a negotiation process. The VA has provided the VA loan assumption method specifically to preserve well deserved VA Loan Mortgage benefits for veterans. Divorce should not impede, terminate, or cause a burden to a veteran regardless of the circumstances. Please know your rights and advocate for yourself!