Selling House Before or After Divorce is Final?

March 18, 2015

A house can be a sticky item in any divorce. Especially if you have been living with your spouse in the same house for many years, a house can represent more than just a home. It is a familiar setting, a place where friends and extended family come to visit and you have become quite fond of the nice elderly couple who lives next door. In short, it is difficult to move out of a house that you have gotten used to returning to every day after work. Even if you and your spouse cannot stand each other anymore, it is also the place where your children live; consequently, trying to figure out when to sell a house, before or after a divorce, is never an easy decision. Here are a few things to consider that might help you to effectively work through this issue.Should I Sell My House After the Divorce?Selling your house after the divorce will inevitably involve a bit of risk on both parties. Assuming that the court will split the amount obtained for the house equally between both parties in a d
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Selling Real Estate Due To Divorce

February 16, 2015

In addition to the emotional toll of a divorce, there can be financial consequences as well. One of those often involves having to sell real estate.Deciding whether to sellWhether or not you have to sell your home during a divorce can depend on a number of factors. For example, if you have children, a judge may determine that it’s best for them to stay in the home along with the custodial parent. If one spouse bought the house and the other spouse’s name is not on the deed, that spouse may have less of a claim.Options for sellingThe best and easiest way to sell the home is for one spouse to release his or her claim in the home by filing a quitclaim deed. If both names are on the mortgage, then the spouse remaining in the home will have to be able to qualify for a mortgage on his or her own salary and also be able to pay the spouse who is leaving his or her share of the equity.The most common outcome of a divorce, however, is that the couple that is splitting up will have to sell the h
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Selling Property During a Divorce

January 13, 2015

In most states, when one spouse to a marriage files for a divorce, an automatic stay results. That stay prohibits either party from disposing of any property in any way other than ordinary living expenses without order of court or agreement by the other spouse. It operates to maintain the status quo during the pendency of the proceedings while the court decides how to divide the parties’ property. If a state doesn’t have an automatic stay, a court is going to frown on any unilateral disposition of property without its permission or the consent of the other spouse.Judges ordinarily encourage and appreciate settlement of any issues that the parties are able to resolve. If a case is going to be resolved on a piecemeal basis though, the court wants to be made aware of that fact at one time or another through one means or another. Whether it involves a marital home, a vacation home or vacant land, if one of the parties to a divorce wants to sell property during the pendency of the divorce,
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