Selling a house during divorce

Selling assets before divorce is something that many who find themselves in this type of stressful situation may attempt to do. It is a rough time that the couple is going through and there are a lot of mixed emotions.

Selling assets before divorce in Texas can just make a bad situation worse.

You are most likely concerned about how the money that you have, your house, and other assets will be divided.

Concerns about how fair the split will be may be tempting you to start selling assets prior to divorce so you can be sure that you are going to get what you feel you are entitled to. Often these types of actions are spurred on by anger and frustration. You may believe that you are entitled to more than your spouse. Based on this you feel you should be selling assets before divorce.

What you may not realize is that this can get you into some serious legal trouble.

Every state has its own specific laws as to how assets are to be distributed in a divorce. If you are determining selling assets before divorce in Texas you need to look closely at what the rules are concerning selling assets before divorce. In general, the rules for dividing assets in a divorce will fall into one of two categories.

Selling Assets Before Divorce Is Filed in Community Property States

Those states that are classed as community property states have laws in place that create a 50-50 split of the assets that were accumulated during the marriage. It doesn’t matter which of the parties may have actually purchased them, they are considered to be part of the marital assets.

There are situations where individuals enter into a marriage and bring some assets into the marriage with them.

This could be a specific amount of money such as savings, or perhaps a home or other type of asset.

In this case, these types of assets will not be considered as part of the community property of the marriage. The exception to this is if you decided to co-mingle these assets in your relationship. Then selling assets before divorce is filed that pertain to these ones would have different rules applied to them. In this situation you would need to look at how to sell assets before divorce in Texas rules prior to taking any action with them.

It can get a little confusing when it comes to assets owned prior to the marriage and what happens to them during a divorce.

For example, if you have $25,000 in a bank account in your name, when you entered into the marriage and you kept it in your name, then that is your asset.

However, if you took that money and put it into a joint account with your spouse then you have co-mingled that asset and it is part of the marital assets.

Or you may have entered into the marriage with a new vehicle that was in your name, and you kept it that way. This too may not be considered as part of the marital estate.

Each state may look at prior to the marriage assets differently, so if you want to sell assets before divorce, it is important that you know the laws pertaining to this.

Inherited Property

When selling assets before divorce in Texas you also may have to think about assets that you inherited.

This could be property that you brought into the marriage from an inheritance. Or, it could be that you inherited the property during your marriage. Assets received from inheritances, or money judgements, or from claims resulting from a personal injury, may not be subject to the 50-50 rule. Again, this will depend on whether these assets were co-mingled.

Equitable Distribution States and Selling Assets Before Divorce

When selling your assets before divorce in Texas you need to determine if the laws are based on equitable distribution.

In this case, the splitting of the assets is based on fairness according to the specific circumstances of the marriage.

While the law states each of the parties are entitled to a share it doesn’t mean that each will get half.

Many contributing factors are taken into account when the equitable distribution is being determined. It will take into account what each of the parties has contributed during the course of the marriage as well as how long the marriage was in place.

Usually selling assets before a divorce and dividing assets means the laws of the state are not being adhered to. This can create legal consequences for the party attempting to sell assets before divorce.

Selling assets before the divorce is finalized can be viewed as committing a crime and you can very easily get caught.

What some will attempt to do is hide their assets before actually selling them. This is so they will not be included in the marriage estate.

During the divorce proceeding, there is what is called a ‘Discovery’. This is where both spouses must provide all their information about their assets and financial information to each other. If you are hiding assets or have been active in selling assets before their divorce and you do not disclose this you could be charged with perjury.

While the sale of assets before the divorce may be tempting for many different reasons, it really is not something that you want to participate in because no matter whether you are just contemplating doing so, it will probably get you into some serious legal trouble.

You need to take the time to research the divorce laws of the state and make sure that you rely on the proper resources to assist you with making the right decisions. There is a lot that has to be considered regarding the sale of the home, and no doubt you and your spouse want to get the most for it if you decide to sell. If the value of the home is not going to cover the mortgage outstanding then you may want to find alternatives to selling assets before divorce.

Sell Your House After a Divorce

Selling a house quickly after a divorce can be a stressful situation. If you need to sell your house fast, Matt Buys Houses TX will give you a cash offer in 24 hours. Just give us a call at 210-596-9669! There are no obligations. We are also available to answer any questions you may have and look forward to talking to you about your options.
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Figuring out what to do with a house that has a mortgage after divorce can be daunting.

This type of question comes at a time when your life is probably in turmoil. This is just one of many questions that you have to find answers for and decisions that you will have to make, among who gets the house after a divorce, and what a divorce buyout is. Chances are you have a lot of questions, and a lot of assets to deal with in your divorce settlement and the matrimonial home is the most significant one.

When it comes to the mortgage it can mean that the division of the equity in it has to be determined.

Then it may mean trying to decide whether the home is to be sold. There may be liabilities regarding the home that have to be dealt with.

Responsibilities for the Mortgage

Responsibilities for the mortgage after divorce are not something that most deal with on a regular basis so it is understandable why there would be so many questions that arise pertaining to it.

One of the common questions is whether the house does have to go through a sale so the equity can be divided. There is an alternative to this where one party can buy out the other. If this is the route that is taken, usually the spouse that is going to buy the home will have to go through a mortgage assumption it so they can pay the other spouse their share of the equity.

To find out how to remove a spouse’s name from the divorce, please visit this article.

What has to be decided quickly when it comes to dealing with the mortgage after divorce is who is going to be responsible for paying it.

Who Pays the Mortgage After Divorce?

If the mortgage has been held jointly then legally both spouses are equally responsible for making payments.

If the mortgage is not paid the lender can come after both parties. During the divorce agreement, it should be legally determined who is going to assume the mortgage payment responsibility.

There are times where agreements are made between a couple to just transfer the title to the other partner. This can be done with a quit claim deed.

This means the party signing over their ownership will no longer have any claims to the property.

That does not mean that the spouse giving up their rights to the property is no longer responsible for the mortgage after divorce. To prevent this there has to be a transfer of liability. This can be done by the spouse who is taking ownership by taking on a mortgage assumption or arranging for a loan modification after divorce.

In most cases, the better route to take is to assume the mortgage which will then have the responsibility for paying it moved over to the spouse who is going to keep the house.

This will only work if the spouse applying for the mortgage assumption meets the criteria put in place by the mortgage lender. If this is the case then it may be possible to obtain a home equity loan for refinancing.

What if There is Not Enough Equity in the Home?

Not every couple going through a divorce is going to realize a profit from the sale of the home, and that selling it will clear off the mortgage.

There are times where the value of the home is lower than the mortgage. If the buyout partner cannot qualify for a loan modification after divorce or come up with other ways to buy the house it creates a difficult situation.

What could possibly be arranged is putting off the buyout or selling the house. It means an agreement would have to be reached to this effect by the two spouses. If this cannot be done then the next alternative may be a short sale.

A Short Sale To Deal With The Mortgage After Divorce

If a short sale is being contemplated to deal with the mortgage after divorce, there have to be some negotiations made with the mortgage lender.

This means that the house would have to be sold for less than the amount of the mortgage. While the mortgage lender is losing money with a short sale this option helps to relieve a lot of the hassles that the lender would likely have if they were to foreclose and sell the house themselves.

It can also mean that the mortgage after divorce that is subjected to a short sale will still leave both spouses with a liability. The lender may hold them responsible to pay the difference owing on the mortgage after divorce sale.

Overall most feel that this is still a better option than dealing with a foreclosure.

Dealing with the mortgage after divorce issues can be really stressful. It may be that the housing market is just not right to consider a sale of the property.

Although both parties want to bring some closure to the situation it may be far better financially for both to hold onto the house and sell it when the market is right. Making this type of decision is all going to depend on the current financial positions that both spouses will find themselves in after the divorce.

Another reason that many would rather deal with a mortgage after divorce is if there are children involved. There has probably been enough turmoil in the family and it’s a better option not to have to uproot the children from the home they are used to.

There are a lot of decisions to be made and some substantial work ahead of the spouse who is trying to buy out the house.

However, it may be worth it when everything is properly considered. It is also important to rely on the right resources.

Both parties should have their own divorce lawyers to assist them with writing up the agreements, and to ensure both parties are protected when it comes to the mortgage for the family home.

If the house is going to be sole then relying on a reliable and trustworthy realtor is important. If re-financing the mortgage after divorce is viable then finding the proper lenders is going to be a priority. It may be based on the financial situation that holding onto the house in both names for a period of time may be the better solution. It is important that all options be carefully considered.

Sell Your House After a Divorce

If you are trying to sell your San Antonio house after a divorce, Matt Buys Houses TX will give you a cash offer as soon as 24 hours!

To get your cash offer, or to get answers to any questions you have, call us at 210-596-9669. There are no obligations in contacting us!
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Once the decision has been reached that a divorce is eminent, a lot of questions are raised. One of these is, “What happens to the house in a divorce?”

Most often it means that a divorce sale must be carried out.

All of the assets accumulated during the marriage have to be divided.

There will be specific laws as to how this is legally done according to the state you are in. How complicated it will depend on the number of assets and the governing rules. The sale of a home during divorce requires some careful planning and using the right resources.

If you are your spouse are able to come to some amicable arrangements regarding your marital property then the divorce sale should be much easier and quicker.

What happens to the house?

What happens to the house in a divorce is probably the biggest concern as this is usually the biggest asset in a marriage.

First, understanding what the rules of the state that the divorce and divorce sale of the house is taking place in are most important. Some states go by the community property rules. This means, as a rule, all of the assets owned by the couple will be split 50/50.

If the house was purchased together as a couple then the split should be fairly simple. Where it gets complicated is if the house belonged to one of the spouses prior to the marriage.

Depending on the circumstances and the State it may not be considered as part of the community property or the divorce estate.

This is when the divorce sale can become more confusing. It can also get complicated if the house was left as a gift or inheritance to one of the spouses. For these reasons, it is highly important to have proper legal counsel to assist with the division of the assets and to protect the rights of each of the spouses.

Proceeding with the divorce sale

You will find that you have several options for proceeding with the divorce sale of a home. You have the option of attempting to sell the house yourself. If you decide to do this it means that you are going to have to advertise it and market it as heavily as possible. Some individuals who are going this route will commence with a divorce sale using Craigslist.

There are pros and cons to attempting a divorce sale on your own. There are a lot of legalities when it comes to selling a house. Then on top of this, you will also have to deal with the legalities that come with a divorce sale.

The second option is using a Realtor that is experienced and has the expertise and resources to conduct a divorce sale of a house in a quick manner. You also have the advantage of learning what the housing market for your area is like during this time, which is going to be important.

You will also get a good idea as to what your house is most likely going to sell for. You likely have personal ties to the house and with the personal circumstances you are in at the moment you may tend to over evaluate the house. This could mean that the house will not sell or it would take a very long time to do so.

If possible both spouses should come to an agreement as to what the house should be put on the market for, and this should be compatible as to what the housing market is dictating at the time. If you decide to go through a divorce sale using Craigslist or any other form of advertising you will need this plus a lot of other information to entice potential buyers.

Options on Selling

You may find that once you  get your divorce sale listed that you are approached by investors who are willing to buy your house for cash. If you are wanting to sell quickly this may be an inviting offer. It may be that it is lower than what you wanted but you may need to consider how it works in with the current situation that you are now in. Chances are you and your spouse want to get the assets settled so your divorce can become final.

The divorce sale process is not much different than a regular sale of a house except the timing may be important. Often one party moves out of the home and it can be financially difficult to keep up with the expenses of the house.  There may also be some discussions as to whether one party wants to buy the other out. If this is the case then re-financing of the mortgage would have to take place. In any event, until this asset is sold both are responsible for the mortgage and you don’t want to let this go into arrears.

The party that remains in the home during the divorce sale is going to have the responsibility of making sure the home is show ready for viewings. This may also mean some minor repairs are needed which should be done quickly to encourage a quick sale.

During a divorce sale, the best option is to retain an experienced realtor and perhaps sharing with this expert that this is a divorce sale so they understand the urgency of getting the home sold quickly. It is also important that both parties rely on independent legal counsel for the division of the assets. Neither party wants to take it upon themselves to sell the house or any other asset prior to the divorce without mutual consent as there could be legal repercussions to this. Each spouse needs to know what their rights and obligations are and what the law states about the division of assets.

It is imperative that both spouses come to an agreement that the house is to be sold and at what price. If these factors are not agreed upon it can make it extremely difficult through the sale process when offers come in.

Sell Your House After a Divorce

Matt Buys Houses TX can make you a cash offer to buy the house as-is. You can get an offer on your house within 24 hours just by contacting us.

Click here to get a cash offer for your San Antonio house or give us a call at 210-596-9669. We look forward to talking with you about what options you have.
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

When it comes to selling your house during divorce these options are something that you want to review carefully as chances are you want to do this quickly.

The sale of a house during a divorce can be frustrating because of all the other issues that are going on in your personal life. Some of those issues can include who gets the house in the divorce, and dealing with a divorce buyout. The one thing that you also want to keep in mind is that selling assets before a divorce could land you into some legal difficulties.

If it is agreed upon by both you and your spouse that you have no choice but to sell the family home, you can start planning how to do so so that the best possible outcome is achieved.

Selling Your House Fast During Divorce

Naturally, you want to sell your house fast and chances are you have a lot of emotional ties to it.

This could lead you to over valuing your family home. In your opinion it may be worth a lot more than what the market value is going to indicate.

You will need to think realistically about this and be prepared to accept the sale value of your home rather than what you personally think it is worth. If you put it on the market at an unrealistic price the chances of it selling your house fast are very poor.

Many think that when selling your house during divorce, putting a high price on it to begin with is the best way, as they can always come down on the price.

What they don’t realize is that the first 30 days of the house being on the market is when it’s going to receive the most attention. Waiting to lower the price after this period of time is not the best route to take.

Importance of Curb Appeal When Selling Your House

You want your house to show at its best and you can begin by sprucing up its curb appeal. As soon as prospective buyers come to your house to view it it’s the outside that they see and you want this to be appealing.

It may mean no more than cleaning up any debris that is around the home, and weeding the gardens.

Responsibilities When Selling Your House During Divorce

You want to be sure that when you are managing your responsibilities that you choose a Realtor that is going to put all of their expertise, knowledge, and resources into selling your house quickly. You can share your circumstances with this professional as they will keep the details confidential. By doing so the Realtor understands the circumstances and will work diligently on trying to sell the home as quickly as possible.

Alternatively, you can sell your house without any hassle at all to a local house buying company. They will buy it as-is so that you don’t have to worry about curb appeal or any other repairs.

If you are going to sell yourself ‘For Sale By Owner’ or through an agent, when you will want to be sure that the interior of the home presents well just as the outside does. When in a situation where you are selling your family house because of a divorce you have to do what you can to settle things quickly.

If you are going that route, rely on your real estate agent’s suggestions for any repairs or updates that they feel should be done in order to sell faster. Sometimes it’s just a matter of a few minor repairs and some fresh paint that is needed.

Sticking with Your Decision to Sell

With so much else going on in your life at this moment you may be thinking about attempting to refinance house after divorce instead of selling it.

Refinancing your mortgage is certainly an option but it can be difficult. The financial situation of both you and your spouse are most likely going to change and you now will have to qualify for new financing.

You may also be contemplating selling assets before divorce, which is okay if both you and your spouse are in agreement for this. It is not something that you want to do otherwise as there could be legal implications.

The process of selling your house in the middle of divorce may feel that it is just too much to handle.

However, it is most probably a necessity so the more committed you are to getting it sold fast the better it will be for both you and your spouse. Once this has been completed you can both begin to move on with your lives.

Every attempt should be made by both parties to co-operate with each other during the sale process in order to get a fast sale.

De-cluttering When Selling Your House

Chances are either you or your spouse has already moved out of the home, and the one left in it is going to be responsible for keeping the home neat and clean during the sale period. If that party is really committed to having the home sell fast then it means getting rid of all the clutter.

You could even begin packing a lot of the items you don’t need at the moment and putting these in an inconspicuous place so they don’t interfere with the viewings of the home. You really want to attempt to stage the home as best you can during your divorce selling home period.

More Options for Selling Your House During Divorce

If you have priced your house realistically you may find that you get an offer from buyers who are investors and are willing to pay cash for your home. This is something you may want to consider even if the price is lower than what you were expecting. You are going through a rough time in your life right now and probably the divorce proceedings are putting pressure on both you and your spouse to get the assets divided so it can be concluded.

When you are under pressure to sell your house fast, it may mean that you have to make concessions regarding the sale that you would not normally do under normal circumstances.

If possible strongly consider any offers that you do get and listen to the advice of your realtor. This is the professional that has the most expertise when it comes to selling your house fast and this expert will give you their honest opinion on any offers that you receive.

Sell Your San Antonio House After a Divorce

If you need to sell your San Antonio house fast after a divorce, click here to get an offer within 24 hours!

To get your cash offer on your house, call us at 210-596-9669. We look forward to talking to you about your options. If you aren’t interested in selling your house, but still have questions, feel free to get in contact with us. We are happy to answer any questions.
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

The question that gets asked often when people are considering divorce is, “Should I sell my house before or after divorce?”

Whether you should sell a house before or after divorce in Texas is going to depend on a lot of variables.

Most often there are so many things to deal with during a divorce that it becomes overwhelming and frustrating. Situations like who gets the house after a divorce, divorce buyouts, and refinancing. One may not think clearly and make decisions based on their emotions which may not be the best decision at the time. There is no doubt that for homeowners that are going through a divorce that the question, “Is it better to sell a house before or after a divorce becomes a reality?”

Is it Better to Sell a House Before or After Divorce?

Regardless of whether you sell a house before or after divorce in Texas, you will still want to sell a house at a profit.

Even though you may be in a hurry to get your finances in order as they pertain to the divorce, the timing of the sale is going to be important.

How profitable this will be will depend partially on the housing market at the time, the economy in general, and how long you can wait for the right buyer.

Then there are the other costs that come with selling a house that has to be taken into account. You also have to look at the rules and regulations as they pertain to the state as to how assets are handled in a divorce.

This will play a big factor in helping you to make the decision as to when is the best time to sell.

 Selling My House Before Divorce

Making a Profit on the Sale

There can be tax implications that come with the home sale that will have to be decided upon and may also be part of the divorce proceedings.

If you sell at a profit then there may be taxes that have to be paid. Then you may be eligible for a capital gain deduction.

How this is going to affect you will all depend on the decision that is made between you and your spouse for filing your taxes.

If you are selling before your divorce then you both may decide to file the last taxes jointly. If you sell the house after your divorce then you are probably filing separately.

If you need to consider breaking your mortgage read more about the ramifications here.

There can be some tax advantages to filing separately. For example, if you are co-owners of the house you may be eligible for up to $250,000. of capital gains exclusion. This is dependent on your being able to prove the use and ownership tests for the property.

The same advantage may also apply to your spouse who is filing separately. If you decide to file jointly then you both may be able to take advantage of a $500,000 exclusion based on meeting the criteria for this.

Your tax obligations are one of the most important considerations to be made when you are trying to decide whether to sell a house before or after your divorce.

Realizing a Loss On The Sale

It may be that you are not in a good financial position with the ownership of your home. You may be dealing with an underwater mortgage or negative equity.

This is the case when you owe more on your house than what it is currently valued at. If you are going to sell the house at this time you will end up with a loss.

This will be taken into account during the financial division of assets in the divorce and will be a debt that you will both owe to the mortgage lender. The lender has the rights to come after you both to satisfy the debt owed to him

Considering A Short Sale

When deciding to sell a house that has too much owed during a divorce, you may find that you are able to sell the property through a short sale. Negotiations may be made with the mortgage lender to give up his rights to hold you and your spouse responsible for any balance that is left owing after the sale.

Sell My House After Divorce

If you are able to communicate with your spouse on a reasonable level you both may be able to come to an agreement not to sell the house until the circumstances are more favorable. You may both decide that it would be more beneficial to you financially to sell the house when the housing market is in your favor. Or, until you are able to pay down the mortgage so you don’t have to deal with negative equity.

Some couples who realize that they are both going to be in a tough financial situation because of the divorce are willing to make some concessions. They will both hold onto the title of the home and both remain living in it. One may occupy the basement while the other takes the upper level. While this is a good attempt at trying to find a plausible solution to the financial dilemma it doesn’t usually work out well.

Another option when considering selling a house before or after divorce, when it’s not the right time, is to still keep the title in both names.

However, one will move out of the home while the other remains in it. This still incurs some additional expenses and potential financial hardships for both parties.

While there are several options that relate to not selling the house at the moment it is important that whatever agreement is made is put in writing. Things change after the divorce and decisions that are made prior to or during the divorce proceeding may be ones that don’t seem feasible after the divorce is final.

If the decision to sell has been reached where the house will not be sold until after the divorce, then other factors need to be considered.

It will have to be determined who is going to continue to pay the mortgage. Agreements will have to be made as to who is responsible for the upkeep and maintenance and paying the utilities and expenses.

Ideally, these types of agreements and arrangements should be made under the advice and direction of the respective lawyers for both parties.

So Should I sell My House Before or After Divorce?

There are pros and cons to both selling a house before a divorce or after a divorce and it takes careful thinking and planning and being logical when making decisions. Relying on the right advice and resources can help you make that decision.

Find out more about whether a house will need to be sold during divorce by reading this article.

Sell Your House After a Divorce

If you need to sell your San Antonio house fast, we’ll give you a cash offer as soon as 24 hours! To get your cash offer, or to get answers to any questions you have, call us at 210-596-9669. There are no obligations in contacting us!
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

As a single parent, affording a mortgage can be incredibly difficult. We’ve discussed what the divorce house buyout means, but we haven’t touched upon being able to refinance house after divorce. In this article we will cover refinance of the house before or after divorce, we will look at what happens if you can’t refinance the house after divorce and the buyout process.

Do I have to refinance house after divorce?

Most likely, especially if you wish to keep your partner off the loan. If you are the one who keeps the home after the divorce, you will have to take the loan while the other spouse goes through the buyout. Refinancing takes time and it’s often an emotional process. The first question you need to ask yourself is: are you able to do it?

There are a few ways you can get your name off a loan without even having to sell the house or refinance.

One of them is loan assumption…

What is loan assumption?

It means taking over the mortgage and continue to make regular payments as you were doing before without having to sell or refinance house after divorce. There are a couple of cons to loan assumption – as a single parent, it might be extremely hard to get qualified. When dealing with loan assumption you need to make sure you carefully read all necessary paperwork.

Taking a mortgage is another way you will be able to refinance house after divorce.

What happens if you can’t refinance house after divorce?

Apart from your ex staying on the loan, he is allowed to take you to court if you’re not able to refinance house after a divorce.

So to officially become the sole owner of the house, you will need to get a new mortgage.

So how do you get a mortgage after divorce?

My best tip is to make sure your spouse’s name is off the mortgage. You are no longer in charge of your ex’s financial situation, hence, getting his or her name off the mortgage might actually better your credit.

Your ex will then need to refinance his part of the mortgage while you continue to pay your own. Along with decreasing your debt and increasing payments over a shorter time, this will enable you to apply for a new loan.

While you’re going through a divorce, you should never buy a home – your credit rates will get lower and you will lose money. If your spouse’s lawyers find that out, they will fight for that money.
Getting a new mortgage as a single parent
Not everyone is in a stable financial situation after divorce, especially if you’re a stay-at-home mother.

Finder wrote an absolutely amazing single parent’s no-nonsense guide to affording a home.

Step 1: Compare mortgage brokers
With mortgage brokers, you will be able to find a way to refinance house after divorce as a single parent with their knowledge on all suitable mortgage programs.

Step 2: Find government assistance
There are several income assistance benefits that could help single parents, including Family Tax Benefit A & B, Parenting Payment and the Child Care Benefit.

Step 3: Calculate your current income
My best advice is to consult with a financial advisor if you budgeting isn’t your finest skill. Know how much you earn and how much you can spend on a mortgage.

Step 4: Find a way to make more money.
Working from home, renting out a room in your house (read our articles on becoming a landlord!), and more. There are several different ways you can make more money to afford your mortgage.

Step 5: Choose the right loan
Again, a financial advisor might help you out with this one – getting the right loan that you can actually afford and pay off within time is essential.

Tips on affording mortgage with one income

• Get a bigger deposit. It’ll help you lower the mortgage fee.
• Always borrow what you can actually pay back – you never know what might happen to your financial state.
• Reduce your credit card limit – even if you don’t use your card, your bank might think that you owe money. Reducing it to 50% might help you get a better mortgage deal.

Pros and Cons of Home Ownership

Home ownership pros:

• Confidence in being independent.
• Example for your children.
• Payoff from your taxes.
• Increase value on your home.
• The ability to pay off your home eventually.

Home ownership cons:

• Difficulties selling the home fast if relocation is in order (however, you can always go with a cash home buyer).
• Improvements on your home might be steep financially.
• Decrease of the value might affect your ability to sell your home later.
• Sudden relocation necessities due to your spouses relocation if children are involved.

Learn more: Zillow offers a fantastic mortgage calculator – the payment breakdown will help you budget and the full report gives you the chance to see your full financial state, including how much you will spend on interest. Please note that these numbers might differ depending on the mortgage you are able to get.

If you are contemplating dealing with the house during a divorce, consider a divorce house buyout.

Interested in Selling to a Cash Home Buyer in San Antonio?

If you’re interested in selling a house to a cash buyer, you’re in for a treat. Matt Buys Houses TX is a reliable service, operating in San Antonio, TX.

How it works?

You give us a call, we give you a cash offer in 24 hours and your house can be sold in just 2 days if necessary. Got any repairs on the house? Doesn’t matter!

Give us a call on 210-596-9669 and sell your house in less than a week!
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Divorce house buyout may seem to add more complications in the divorce process. Getting a divorce can bring a lot of stress on yourself, your spouse and your entire family. From splitting your belongings to going into court and everything in between – one of the things you will also need to consider is who will keep the house. Will you sell it? Will you rent it out? There are plenty of options out there – but one of them is divorce house buyout.

In this article, I will present what is a divorce house buyout, how to reach a divorce house buyout agreement and what are the best options you can consider when facing a divorce.

Let’s do this step by step.

What is a buyout?

If you’re completely new to real estate, you might be asking yourself ‘what is a buyout’ in the first place.

In the case of a divorce, the ex-partners will have to decide on splitting their belongings, assets, and even property.

This is where divorce buyout comes in.

Selling a house during divorce might sometimes be a harder emotional investment and often it is just easier to buyout the house from your ex spouse. This means that the person who wishes to keep the home will pay for the mortgage of the house.

As an example, if you bought your home for $1,000,000 and put a mortgage of $600,000, the buyout is equal to $400,000 and is paid by the person who wishes to keep the home. Can’t decide who should make the buyout? Keep on reading!

Things to consider before divorce house buyout:

• Can you financially afford it? (you will also have to take care of the real estate taxes)
• You will need to completely refinance the house to avoid any bank debt.
• How will you divide expenses?
• At what date will the buyout occur? Make sure the date is set.
• Who is buying the house?
• Speak to a mortgage professional.

How to reach a divorce house buyout agreement

If possible, make sure to communicate everything with your ex-spouse. Divide the assets, weigh out pros and cons and speak to a lawyer or a personal finance assistant who can help you come up with a buyout payment plan.

Is a divorce house buyout common?

Yes! In fact, it often is a part of the divorce settlement. Usually one of the people in the couple ends up buying the property (which includes refinance the old loan and taking out a new loan if applicable) or they give up their second home (which should be worth about the same amount).

Do I need a lawyer?

If you’re on good terms with your spouse, a lawyer will not be necessary. However, if you cannot reach any kind of agreement on your divorce, you need to hire a divorce lawyer to make sure your possessions will be divided equally and in a fair way. Please note that if you are not on good terms with your spouse, getting a divorce lawyer might mean it will take a longer time before a buyout decision is made.

Do I need to worry about taxes when we do a buyout of the house?

No. Taxes and capital gains are only applied if you and your spouse decide to sell the house or if the buyout occurs and the person who is buying the house later decides to sell the property.

According to DivorceNet, “If you sell your house, you and your spouse can each exclude the first $250,000 of gain from your taxable income.” This, of course, depends on the state you live in, however, taxes do not apply when a divorce house buyout is made.

Anything else I need to know about a buyout?

Real estate agents don’t usually get involved in the buyout process. This means that determining the value will be a lot harder – or, in fact, easier. Sit down with your spouse and put a value on your property. If no agreement is made, do some research on properties currently being sold in your area. If nothing works and you can’t get to an agreement, you will have to hire a real estate appraiser who will determine the value of your home.

What are some refinancing issues when it comes to a buyout?

As mentioned earlier, you will need to refinance the mortgage on the house. You can either take out a loan which will help pay off the old loan or simply refinance the loan by yourself. You also need to ask yourself how will this affect your interest rate and whether or not your credit score allows you to take out a new mortgage.

Sole owner of the house math made simple:

Principal balance + equity = loan amount
Principal balance + ½ of equity = payoff
In other words, the buyout payoff equals the principal balance of your mortgage and half of equity.

What is equity?

Equity simply means the value of the property which excludes the mortgage. Please note that due to the value of the property being different on a daily basis, you will need to recalculate equity often.

Selling your house after divorce

Another option is, of course, to sell your house after a divorce. If you’re looking to sell your house fast and without a fuss, check out Matt Buys Houses TX. We take any kinds of houses (even those that need repairs) and we give an offer within 24 hours. Your house can be sold in a week!

Even if you don’t sell to Matt Buys Houses TX, feel free to ask us any questions you may have regarding selling your house. We’ve helped hundreds of homeowners sell their San Antonio houses. Give us a call now at 210-596-9669.
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Divorce brings a toll on everything in your life – you are suddenly single, you need to decide how you will divide your belongings, kids, pets and, of course, who gets the house in a divorce. It’s an emotional and stressful process that sometimes takes years to end – but it doesn’t have to be.

In this article I will talk about who gets the house in a divorce, divorce property settlement, what happens to the house during the divorce process, who gets what and marital home rights.

Are you ready? Let’s go!

Let’s start at the beginning.

HowStuffWorks defines 3 steps of divorce:

• Separation
• Divorce property settlement
• Child support and alimony

In this article, we will look at step number 2 bit closer.

Who Gets The House In A Divorce?

Also known as divorce property settlement.

Normally, properties are categorized in two different types: Marital, and Separate.

Separate property

Please note that the definitions of Separate Properties vary by state, but normally, Separate Property refers to properties owned by the person before the marriage, a property you have inherited before or after the marriage or a property which you have received as a gift.

When you add your spouse as a co-owner of the property, you lose the Separate Property status – the property is now Marital Property.

Marital Property

Here’s how GalTime defines Marital property:”Marital Property consists of all income and assets acquired by either spouse during the marriage including, but not limited to: Pension Plans; 401Ks, IRAs and other Retirement Plans; Deferred Compensation; Stock Options; Restricted Stocks and other equity; Bonuses; Commissions; Country Club memberships; Annuities; Life Insurance (especially those with cash values); Brokerage accounts – mutual funds, stocks, bonds, etc; Bank Accounts – Checking, Savings, Christmas Club, CDs, etc; Closely-held businesses; Professional Practices and licenses; Real Estate; Limited Partnerships; Cars, boats, etc; Art, antiques; Tax refunds.”

When is Separate property considered Marital Property?

Some states will also differ between Active and Passive Appreciation when it comes to Separate vs. Marital Property.

Active Appreciation simply means that your partner contributes directly or indirectly to the house income.

Passive Appreciation is a bit more complicated. If you used any of your marital income on your personal property, it can be considered as a marital property.

So who gets what?

When dividing your assets, these things are taken into consideration:

• How long your marriage lasted
• Separately calculated income of the spouses
• Living style and standards
• Your emotional and physical health
• Financial situation after the divorce
• Custody needs

Divorce takes time and it involves more than just you and your spouse. When you’re dealing with divorce property settlement, it’s best to hire a divorce lawyer. However, by doing so it makes it impossible to predict who will get what, including who gets the house in a divorce.

When should you take your divorce to court?

Hire a reputable divorce lawyer first – they will do their best to help you settle things in a civilized matter. If your spouse is not cooperating or refuses to get in contact, that’s when you should consider taking divorce to court.

I also suggest taking a look at The Uniform Marriage and Divorce Act which looks closely at property settlement laws for eight states as well as child custody, the division assets and more. All your questions about who gets the house in a divorce will be answered.

What about divorce house buyout?

In a buyout, you will first have to determine the value of the house.

The easiest and simplest way to determine the value of the house is to sit down with your spouse and agree on it – however, it is hardly ever that simple. Again, this is where your divorce lawyer or your financial advisor will be able to help you.

Can I be forced to give up the house?

In order to avoid having to give up the house, you need to make sure you agree on some kind of a financial settlement. This is where a buyout comes into play. If you’re financially unable to fulfill the court requests, the best option is to sell the house and opt out to buy a house with a smaller value.

The court often also takes the welfare of your children into consideration – often the children stay in the family home due to the number of assets, the lifestyle and the courtesy of causing as little disrupting as possible.

So what should my first steps be?

Firstly, I suggest sitting down with your spouse and really talk about who gets the house in a divorce. Determine how you will divide your assets, think of custody and property settlement. If a decision has been made or in the case of no cooperation, your next step would be to contact the divorce lawyer and determine whether you need to take things to court.

Divorce is a complicated process and often the most stressful time for most people. Think clearly and don’t make any quick decisions, especially if you have children. If possible, make sure that things are fair and understandable for both parties.

Thinking of selling your house after the divorce?

Give us a call on 210-596-9669 – we buy houses and give you a cash offer within 24 hours – your house could be sold in a week! Moving on has never been this easy. Are you worried about repairs? Don’t be – we will take a house in any given state.

We’ve helped hundreds of homeowners sell their San Antonio houses. Give us a call on 210-596-9669 to receive your first quote! We will answer any real estate questions you might have.
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.