It is vital to learn how you can divide real estate in a divorce. What used to be “ours” may soon become “hers” or “his.” While you may have agreed not to continue living together, seeing what you both worked to acquire go to your soon-to-be-ex can be difficult.
Now that you are parting ways, splitting property is an easy decision where you both agree and each takes a certain fraction of the assets, right?
It can be more complicated than you probably imagine.
What can make division of assets difficult?
To divide the property equally in the simplest way you may want to sell the house, but your partner may refuse probably because he or she wants to continue owning it. You may also disagree on how to split the marital property. In the face of such disagreements, the court may force the home to be sold.
Oftentimes, couples divorce because of financial difficulties that result in their house being in pre-foreclosure. In other words, the mortgage company may want to possess back the house because you are unable to pay off the loan.
You may agree on the house to be deeded to your ex-spouse. But if your name is still on mortgage, you are responsible for payments. This can cause a serious problem with your credit score should your ex have financial problems and stops paying mortgage. Even though you don’t own the property anymore, the bank can come after you.
When your matrimonial house is in pre-foreclosure stage, you can sell it to avoid it being foreclosed and losing all the equity you’ve already built. If you both agree to sell it, or the court rules out so, who should you sell to?
During a divorce, you are already on an emotional rollercoaster, so when it comes to selling a family home, you want a straightforward buyer and a stress-free process.
That’s precisely why you may want to sell the house to a real estate investor.
Why is an investor the ideal buyer?
While a typical home buyer may want to look at how recently you remodeled a bathroom or kitchen, investors don’t look at such details. Their work is to buy the home and renovate for resale or even make it rental property.
San Antonio House Cash Offers is the best company to buy your marital home in San Antonio, Texas and the surrounding areas. Here are just a few of all the benefits you will get when selling your property to us:
Selling to us means a straightforward process that takes anywhere between 3 – 30 days. Once we check the property and agree to buy it, you should receive cash in a matter of days.
Repairs require money and can take time to complete. When selling your house to us, don’t worry about renovations. We buy the home as is because we know you need the cash urgently.
After having the purchase contract signed, expect to receive cash for the house in a matter of days. While it takes other buyers weeks to get money to pay for the house because of mortgage applications, we ensure you get the cash within a short time. We have cash and we don’t need to be approved for a loan.
We understand you may need to negotiate with your ex-spouse and creditors and that can slow things down. We negotiate with all these parties and handle all the confusing and annoying paperwork for you to ensure a trouble-free selling process.
If your property is in pre-foreclosure during divorce, you can do the following to prevent a foreclosure:
If you and/or your ex let the house in foreclosure, you may still be able to short sell it. A short sale (sometimes called “quick sale”) refers to a transaction in which a mortgage lender allows you to sell a home for less than what you owe on the mortgage. For a divorced couple, normally each spouse should qualify for the quick sale, especially if the two of you were on the mortgage.
Should your lender not approve the short sale, you can still stop the foreclosure by filing a petition for Chapter 13 bankruptcy. The court then issues an automatic stay to stop the foreclosure proceedings. You will have 15 days to present a repayment plan for a divorce property settlement.
If you choose to sell a house after divorce, you can avoid paying up to $250,000 in tax per person.
But you may also choose to sell the home while still being legally married and share the proceeds before going separate ways. If that’s the case, you can exclude up to $250,000 in capital gains tax if filing a single return and $500,000 if you file a joint return. But you need to ensure that the house was your main residence for at least two of the last five years
If you agree that one of you stays in the house and sells it later, then you can be excluded from paying tax under the separation or divorce instrument.
Since Texas is a community property state, you will normally need the permission of your ex-spouse to sell a home. This applies even if one of you is on the deed, but the home was purchased during the marriage.
Similarly, the home can still be considered a community property if one spouse bought it and the other spouse made contributions such as mortgage payments, tax payments, and maintenance costs.
This is particularly important in a divorce situation where the house ownership wasn’t fully transferred to one of you. In this case, you will need a quitclaim deed from your ex-spouse to proceed with the property sale.
An ex partner can force the sale of a marital home under the following circumstances:
During or after a divorce, you may file a partition lawsuit to force the sale of a family home. You can do it for whatever reason, however, partition suits tend to be costly, and you are not guaranteed that the court will force the sale.
For example, your name stays on the mortgage after the house is deeded to your spouse. After the divorce your spouse has financial difficulties and can’t pay the mortgage on time. As your name is still on the mortgage, your credit suffers. If your spouse can’t or won’t assume or refinance the mortgage in his or her name, you can ask the court to force the sale of the house, and the court probably will.
After divorce, your ex-spouse may get the house. When that happens, it’s his or her duty to refinance the mortgage in his or her name only (but you should take care of this being stated in the divorce decree in advance). Similarly, if you take over the house, keep the mortgage in your name only.
But sometimes, an ex-spouse may refuse to get your name off the mortgage and assume or refinance the loan in their name. If that happens, seek the help of a lawyer. In the worst case scenario, the court may order the sale of the property.