WHAT HAPPENS TO THE HOUSE IN A DIVORCE COURT CASE?
The home is the most valued asset in most couples. One of the most common pre-divorce concerns is who owns the house. It’s hard to predict what would happen to your house following a divorce because no two are the same. According to Lehi family law attorney, selling your house might be a better fit for your financial objectives. Couples getting divorced typically choose between selling their home or having one spouse keep it while paying for the other to leave. Pros and downsides can be found in both approaches. Divorcees’ future goals and finances will likely influence who receives the house.
- Equality
Your equity is determined by dividing your home’s market value by how much you owe on it. If the property has a second mortgage and perhaps a home equity loan, this includes those loans. An agreed-upon appraiser must be used if just one individual intends to maintain the property. Your home may be worth more or less than the debt you owe.
Your equity could be affected by changes in your home’s value, particularly if your home’s price has substantially increased or decreased. Though it’s not usually the case, couples must begin the divorce proceedings with the idea that equity would be split equally. If you know the value of your home, it may be possible to avoid the need to sell it after a divorce.
- Upkeep Of The Residence
You will likely have to give your spouse half of the net equity if you buy them out of business. Owning a property that is now worth $400,000 but you still owe $1 million on it means you have equity in your home of $200,000. One spouse would be entitled to $100,000 in equity if they were keeping the house and paying their spouse $1 million for it. It’s usually done by refinancing the home. Refinancing the house is necessary if both couples will be on the mortgage; thus, if one spouse is keeping the court, they will need to do so.
The party who owns the house will likely be given time to finish the refinance and pay them their share of the equity. Refinancing is a standard method of distributing the equity owners’ share of the proceeds. Another option is to use assets or take on the debt of the marriage to balance the equity. However, this alternative is most likely reserved for couples with considerable assets, such as vehicles, boats, motorcycles, etc.
- When The House Is On Its Side
The most popular remedy for those underwater on their mortgage should be to sell the property and divide the proceeds. Alternatively, one party could seize the house and offset the share of the debt with the other assets or debts. This is a rare occurrence in today’s real estate marketplace. There are exceptions to this rule, such as if one party cannot afford their home’s mortgage and doesn’t plan on moving soon. Be sure to speak with an attorney if you’re considering selling a house on which you owe more money than it’s worth.
- They are selling A House When You And Your Partner Can’t Agree.
The court would have to decide not whether you will sell your property if you and your husband cannot reach an agreement, which is unusual. If you can’t prove that you can afford the house, a judge may order the residence to be sold. You may have to leave the house if you and your ex-spouse can’t agree on alimony.
They will have to prove how they can afford to keep the house after it is refinanced and give their spouse a portion of the equity to stay in the house. When deciding what to do with the marital house, the court may take other extenuating circumstances into account, especially if children are involved.
- When The Mortgage Is Paid In Full
It is possible to sell a house and divide the profit with your spouse, and you can buy them out. Most homeowners who’ve already paid off their mortgages are in their forties and fifties. If you want to buy your husband out of the house, you may have to take out a loan.
If you’re already retired, it may not be monetarily advantageous. However, if the new mortgage costs less than what you’d pay for a new home, you may want to keep your current residence.
