
Thursday, October 30, 2008

Thursday, July 17, 2008

Sunday, March 09, 2008

Who Gets The House? A Growing Problem For Divorcing Couples..
We are all aware of the real estate market conditions and how difficult it can be now to sell a home. There is also the issue of those adjustable rate mortgages and many families facing foreclosure because high mortgage payments they cannot afford.
So how does this affect you during a divorce? Dividing assets, primary the family home, has now become much more complicated. Here is one problem. Let's assume the husband and wife divide the martial assets so that the wife and kids get the family home. Both of their names are currently on the mortgage with the agreement that the husband's name will be removed from the mortgage a few months after the divorce is final.
When the wife attempts to get new financing on the home, she is rejected by lenders. She cannot qualify with her income and credit rating alone. Her husband remains on the mortgage and now he cannot purchase a new home. He also worries that his credit rating will be negatively impacted should his wife stop making the mortgage payments. A real life example is a divorced Virgina woman who is facing possible jail time for contempt of court because she has been unable to remove her ex-husband's name off the mortgage. She has been repeatedly rejected by mortgage lenders and has been unable to sell the home. Her ex-husband wants the court to force her to sell the home at a public auction.
This is a serious problem facing many divorced couples in the U.S today. Make sure to find out if you qualify for a new mortgage before accepting the family home in your divorce settlement. You may want to sell the home instead and rent.
Tuesday, December 25, 2007

Selling The Family Home During A Divorce....
Many couples, facing a divorce decide to sell the family home and divide any profits after the sale. That is the way it used to work, back when the real estate market was thriving and couples were able to pull large amounts of equity from the sale of their homes.
Not so anymore. The real estate market is in trouble and many divorcing couples are at a loss about what to do about the family home. With the market flooded with homes for sale, foreclosures on the rise and homes on the market for many months before selling, what is a couple to do?
There are still some options left. One spouse can buy out the other and retain the property. If this is the option you choose, make sure to have the home appraised by a certified appraiser, not just a Realtor giving you his or her opinion abut how much the home is worth. Another option is to hold off selling the home ,if possible and stipulate in the divorce agreement that the home will be sold at a later date when the real estate market recovers. Some issues that must be worked out with this option are: Will the spouse occupying the home pay the mortgage,taxes and other household expenses? This is important because the spouse who does not contribute to the financial upkeep of home should get less profit when the home is eventually sold. These kind of issues need to be clearly outlined in the divorce agreement so that there are no problems down the road.
If selling the home right now is something that you must do in order to settle your divorce, use the following tactics to sell your house faster.
1. Hire the best realtor in town. Ask around and see who has the highest home sales in your area. You do not want to waste time trying to do a "for sale by owner" in this situation. You need someone to aggressively market and sell the house fast.
2. Be realistic about the asking price. Price the house to sell and you will be more successful selling in today's market.
3. Ask your spouse to help foot the bill for any minor improvements you must make to get the home ready to show to potential buyers. Things like painting, new carpeting, landscaping and fixing any obvious eye sores on the property can help sell your house much faster than other homes in your neighborhood. Home repairs can be costly, so set a budget with your soon to be ex and try to come up with a realistic amount the two of you can spend. If you are involved in a bitter divorce, you may have to have your lawyer ask your spouse's lawyer to include this in your divorce settlement.
Whether you choose to hold on to the family home for a few years until the market turns around or sell your home now, it is important to research all of your options carefully and make a step by step plan to protect one of your most important assets-your home.



















