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Legal•Verified 2026-02-18

What is the biggest risk in a spousal buyout file?

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Read the full research guide this FAQ was derived from for more context and strategy.

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Canada Spousal Buyout Mortgage 2026: Refinance Up to 95% LTV During Separation

Related Questions

How do you structure a 95% LTV refinance for a buyout?

Technically, this is structured as a 'Purchase' from one spouse to another, which is why it qualifies for 95% LTV (insured) instead of the 80% (conventional) refinance cap.

What are the core 2026 documentation requirements?

Lenders will not touch a buyout file without a final, signed Separation Agreement.

Can a borrower use the 'First-Time Buyer' 30-year amortization?

First-time buyer 30-year amortization applies only when the buyer personally meets the FTHB definition — a spousal buyout by itself doesn't reset that status if the borrower has owned before.

How does the 95% LTV spousal buyout refinance work?

Under CMHC, Sagen, and Canada Guaranty guidelines, a separating spouse can refinance up to 95% LTV to buy out the other's equity share.

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