Family Law Secrets Friday:   04132018

Today’s Topic:  How to Divide Your House in Divorce

There are really only four options – two of which are great – two of which are not.   

1.       One of you buys the other out.   You will have to get the house appraised.   Then the one who is buying the other out will have to be able to qualify for enough of a mortgage to be able to take over the existing mortgage and pay out the other person his or her share of the equity.   There also has to be enough equity in the home that the mortgage company will give a new mortgage on the property (usually they want to see at least 20% equity left in the property, so will only give a loan for up to 80% of the value). 

2.  Sell and split the profits now:   This is in many ways the easiest way to handle dividing the net value of the house.  But if this is the path you choose, you will need to be sure to have a written agreement about who the broker will be, what the list price will be, how to handle the carrying costs until it is sold, and who gets to live there until it is sold, among many other details. 

3. Continue to own it together until the children come of age, then sell and split the profits.    In this case, just one of the spouses would live there with the children.   This is not recommended because there are so many things that could happen over the years – the spouse living there acquires a new significant other, there could be catastrophes, or major repairs that need to be done, among many other variables.  This ends up to be a nest of potential litigation. 

4.  Keep the house together and take turn living there.  This is definitely the worst choices of the all of the options.  It has all of the potential risks of option 3 but then adds the risk of fighting over being in each other’s space – who touched whose stuff and on and on. 

Bottom Line – one party should buy the other out, or the property should be sold and the net proceeds split. 

I give tips, tricks and divorce secrets every day.   If you enjoyed this, please head on over to my youtube channel and hit subscribe.    Also please check out www.breakingfreefromdivorce.com for ways to be supported in your divorce.  I am also giving away my bestselling divorce book, Breaking Free:  A Step-by-Step Divorce Guide to Achieving Emotional, Physical and Spiritual Freedom, right now.   Just cover a small shipping and handling fee and relief will be delivered right to your mailbox. 

Thanks for joining me today.  Have a good weekend.  I will see Monday for Monday Divorce Motivation – where I will discuss How to Use Your Divorce As An Opportunity for a New Life. 

Until then, remember you’re just one step away from your new life.   Together, we’ve got this. 

 

Family Law Secrets Friday:   04132018

Today’s Topic:  How to Divide Your House in Divorce

There are really only four options – two of which are great – two of which are not.   

1.       One of you buys the other out.   You will have to get the house appraised.   Then the one who is buying the other out will have to be able to qualify for enough of a mortgage to be able to take over the existing mortgage and pay out the other person his or her share of the equity.   There also has to be enough equity in the home that the mortgage company will give a new mortgage on the property (usually they want to see at least 20% equity left in the property, so will only give a loan for up to 80% of the value). 

2.  Sell and split the profits now:   This is in many ways the easiest way to handle dividing the net value of the house.  But if this is the path you choose, you will need to be sure to have a written agreement about who the broker will be, what the list price will be, how to handle the carrying costs until it is sold, and who gets to live there until it is sold, among many other details. 

3. Continue to own it together until the children come of age, then sell and split the profits.    In this case, just one of the spouses would live there with the children.   This is not recommended because there are so many things that could happen over the years – the spouse living there acquires a new significant other, there could be catastrophes, or major repairs that need to be done, among many other variables.  This ends up to be a nest of potential litigation. 

4.  Keep the house together and take turn living there.  This is definitely the worst choices of the all of the options.  It has all of the potential risks of option 3 but then adds the risk of fighting over being in each other’s space – who touched whose stuff and on and on. 

Bottom Line – one party should buy the other out, or the property should be sold and the net proceeds split. 

I give tips, tricks and divorce secrets every day.   If you enjoyed this, please head on over to my youtube channel and hit subscribe.    Also please check out www.breakingfreefromdivorce.com for ways to be supported in your divorce.  I am also giving away my bestselling divorce book, Breaking Free:  A Step-by-Step Divorce Guide to Achieving Emotional, Physical and Spiritual Freedom, right now.   Just cover a small shipping and handling fee and relief will be delivered right to your mailbox. 

Thanks for joining me today.  Have a good weekend.  I will see Monday for Monday Divorce Motivation – where I will discuss How to Use Your Divorce As An Opportunity for a New Life. 

Until then, remember you’re just one step away from your new life.   Together, we’ve got this. 

 

 

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