Couples in the process of getting divorced often have to make many difficult decisions before moving on with their lives.
On the priority list is your kids, followed by figuring out what will happen to the house and other family property. This leaves the question, ‘do I have to sell my house in a divorce?’
It is relatively simple to remove someone’s name from a home title. However, getting somebody off the mortgage is more complicated.
No one likes seeing divorce and property together, yet it’s the reality that many couples need to navigate. Today’s piece will guide you on the key factors you need to keep in mind if you and your spouse are wondering, “do I have to sell my house in a divorce.”
Who Gets the House in a Divorce?
Disagreement typically exists over who should take the house and other property during a divorce.
The family house is one of the most valuable assets in a divorce. In addition to the financial aspects of the home, leaving or selling the family residence can be very emotional, especially where children are involved.
There are certain factors to consider regarding the ownership of the property.
Marital or Separate Property
To understand what separate property is in marriage, we first need to understand the meaning of marital property.
Most items and assets acquired by spouses during marriage are considered marital property, subject to division in a divorce. Division of marital property depends upon the laws of the state you are in. Only nine states use the ‘community property ‘approach, which involves a 50|50 split.
Separate property is any property (personal or real estate) acquired through gifting, inheritance, or before marriage. Individual property remains so even after marriage. The separate property does not get divided between spouses during a divorce.
Assets That Are Considered Separate Property
To determine whether the house should be considered as separate property is typically more straightforward than what it may seem. This type of asset belongs to one of the spouses and could have been acquired before, after, or even during the marriage.
The property usually belongs to an individual before or after the marriage but can also be something that a spouse receives as an inheritance during the marriage. The same goes for the debt – if you racked up quite a bit of debt before your wedding, that debt would belong to the individual and not to both spouses.
Laws of the state determine what is considered separate property, but they are reasonably consistent with one another. Generally, the following are individual properties:
- The property you or your spouse possessed before marriage
- Gifts or inheritances that you get before or during the marriage.
- Assets that you acquired during the marriage (and the other spouse does not use them).
- Any property attained by one spouse using their separate property assets
On the other hand, marital properties are any items or assets obtained by both parties before or during their marriage.
Community Property States – Texas
If you thought Texas is not a community property jurisdiction, that is not the case.
Any property acquired during your marriage belongs to you and your spouse. The court must divide it once you divorce. According to Texas law, community property is any property acquired by either spouse during the marriage. The law assumes all property to be community property.
However, you can prove that it is a separate property by providing a preponderance of the evidence. Whether the judge categorizes property as individual or community is very important when you divorce.
You may need the help of companies that buy houses in Texas to sell your home fast for cash if you’d prefer to move on quickly.
Do You Have a Prenup?
A prenup is a legal agreement gotten into by two people before they are married. It focuses on issues around property rights and assets.
It typically shows all the property and debts that you or your spouse owns and stipulates what each of your rights on the property will be after marriage.
A “prenup” can also cover death, student death, spousal support, estate planning, incapacity, various other legal issues, including how you divide or attribute income that you or your spouse earned during the marriage.
What is the Purpose of a Prenup?
There are many reasons for having a prenup but, one of the reasons for signing a prenup is to stray from what the law states on property division after divorce.
Another reason for having a prenup is to keep what one brought into the marriage, which the law already protects.
Are Prenups Just For Rich People?
Unlike in the past, prenups are not just for the rich people. Even when your separate property doesn’t total to a lot, prenuptial agreements are helpful. You may use it to specify that debt should stay separate to protect your spouses’ income in marriage or after divorce.
How Much Does a Prenup Cost?
There is no fixed amount for prenups. It all depends on geography and how much negotiating takes place.
A prenup price ranges from $1,000 to $10,000 per party. Typically, they cost about $2,500.
Can I Get a Prenup Online?
To be precise, yes, but you are likely wasting your time. Obtaining a prenup online is not advisable. There are complex legal issues to carry out since you have to comprehend your rights. An online prenup is risky and will likely have pitfalls during a divorce.
Buying Out the Other Party
One of the ways that spouses deal with the family home is for one spouse to buy out the other.
However, in a buyout, you and your spouse are at risk. The selling spouse may lose on future appreciation. And, the spouse buying may end up feeling that the price was too high if the property depreciates in the future.
A buyout can be a financial stretch for the buying spouse. It can occur over time if you and your spouse are interested in keeping the house for a while. Often a buyout is completed as part of the divorce settlement.
In most cases, if you are the buying spouse, you pay money to the selling spouse. Or the buying spouse gives other marital property worth about as much as the spouse’s selling share.
For instance, you may opt to keep the house in exchange for giving up your share of bank accounts or marital investments.
Since the housing bubble burst, the mortgage industry has undergone dramatic changes, and the economy took a nosedive. Remember that applying for a home loan might not mean the same quick approval you may have had in the past.
To avoid these risks, consider selling your house online for a worthwhile and quick exchange of your home for cash.
Using a Lawyer When Buying Out the Other Party
If you experience difficulties even though you want to “sell my house fast, Arlington,” you can use a lawyer to help you buy the house from your ex.
A lawyer can help you understand the terms and conditions governing buying houses from your ex and help you take the correct procedure in purchasing the home.
Negotiating the Sale of a Marital Home
When negotiating a buyout with your ex, it is essential to remember these four tips:
- You should seek help from a professional
- Research the buyout process and mortgage refinancing before carrying out any negotiations.
- It would help if you kept things civil.
- Ensure you ask questions throughout the entire bargaining to get the best deal.
How To Determine the Value of the Home
You can determine your home’s value in the same way you do when selling a home when a divorce is not involved.
Hire a professional valuer who will inspect and give an opinion of its fair market value based on some factors, including comparables in the area and the house’s condition. The cost of an appraisal and an accompanying report can range from $300 to $500.
The appraiser also details in his report the cost of selling a house.
Quick Solutions For Selling a Home in a Divorce
Selling your home may not be easy or an overnight venture. However, these are some quick solutions to sell your house fast without the hurdles, back and forth, or waiting involved in a typical sale:
- Do your research and find out how much your home is worth
- Sell your house online
- Sell to cash home buyers or companies
- Ask an experienced agent to help you
- Do not get sentimental while selling the homestay calm and move on
We buy homes in Granbury quickly because we understand how hectic it can be to deal with a divorce and have financial troubles.
While selling your marital home after divorce may be emotionally fraught and challenging, you can get through quickly. You only need to keep your sentiments in check, have a supportive team behind your back, and follow the tips on this guide.
In some years, you will most likely forget the slight that made you lose your cool. However, the money you lost in your home sale will linger on in your mind.
Talk to us now if you are still wondering, “do I have to sell my house in a divorce?” At Four 19 Properties, our team will help you sell your house fast without any costs and avoid foreclosure even after divorce.