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There are many changes to face when a relationship intended to last a lifetime is cut short. Emotional turmoil aside, one massively stressful undertaking can be selling your matrimonial house.
Financial trouble is a common breaking point for many couples. Overdue payments can lead to the threat of foreclosure hanging over your head, or you could be already in the midst of foreclosure troubles now. Obviously, time sensitive complications only add to your stress.
Separating assets is a necessary part of the legal process, and this naturally includes a marital home. Unfortunately, finding common ground during divorce property settlement can be difficult. When a divorced couple won’t cooperate in selling the family home or can’t agree on splitting the marital property, a judge could step in and force a sale.
For better or for worse, your name and your ex-spouse’s name stay on the mortgage even after one of you gets the house. Despite you not owning the home anymore, your credit could suffer if payments are missed unless steps to refinance the mortgage are taken.
Put divorce behind you by selling your matrimonial house to the best real estate investor in Houston, TX and the surrounding areas. Houston Cash Home Buyers makes dividing real estate in a divorce simple. With a quick and easy sale, you can walk away sooner rather than later.
Next to customer service, speed is our top priority. We move fast so you can sell your home in as little as 3-30 days. Compared to other selling methods, ours is much more streamlined.
By selling your house AS IS to Houston Cash Home Buyers, you skip having to pay for repairs or wait for home improvements to be finished. We’ll take over and fix any property defects ourselves while you enjoy your profit.
Unlike other options out there, our process doesn’t involve any closing costs, hidden expenses, or realtor fees later down the line. Instead, you simply receive cash for your home in any condition it is currently in.
We help you eliminate stress that comes with your property by handling your house’s problems and all necessary paperwork needed to sell your home. From your ex-spouse to any creditors asking about unpaid property debts, we’ll conduct negotiations ourselves.
A short sale happens when a lender allows the borrower to sell their home for an amount under what is owed on the mortgage. Since this option inflicts less damage to your credit score, it is much more preferable than foreclosure.
For example, you can pursue a short sale no matter the divorce decree if your ex is on the verge of letting the house go into foreclosure with your name still on the mortgage. Generally speaking, both you and your ex-spouse need to be on the same page in order to short sell your home. If not, a partition lawsuit may be the next course of action.
If your lender doesn’t approve a short sale, Chapter 13 bankruptcy can buy you time. Generally, you have 15 days to file a repayment plan. However, it’s important to note that foreclosure can be resumed if you proceed to violate mortgage terms.
Understanding capital gains tax is an important step in correctly being able to find the profit you stand to receive.
A couple who files a joint return can receive a tax deduction or $500,000. Meanwhile, the tax deduction is $250,000 per person after divorce, which means the tax deduction for home equity is the same.
With that said, the rules vary. For example, if your spouse is a nonresident alien, if the property is held in a trust, or if the rental property is given as a gift, different rules apply.
Texas is a community property state, which means in most cases a home purchased during a marriage is jointly owned even if there is only one name on the deed. For a community property, permission of both parties is needed to put the house on the market or sell.
This rule applies after divorce too, if the property is still jointly owned. However, if a property is inherited during the course of the marriage or given as a gift, the house is considered separate property.
If your own the property as “tenants in common,” you can try to sell your portion of the house without your ex’s permission. But it can be difficult to find a buyer interested in purchasing only half of a home. If you didn’t receive full ownership during divorce, you need a quitclaim deed from your ex to sell.
A partition lawsuit can be filed for any reason to sell the family home without your ex’s consent. However, despite how expensive this move is, a court can still choose to dismiss the case and not order a sale if the reason is not persuasive enough.
The court can be on your side if your name is still on the mortgage and your credit score is at risk because your former partner can’t keep up with mortgage payments. A forced sale can protect yourself against the dangers of foreclosure after divorce and help you avoid complications from a joint mortgage.
Getting your name off the mortgage is a top priority if your ex has no plans of assuming the loan or refinancing the mortgage. You can contact a lawyer to persuade the court to force the home’s sale whether the mortgage is only in your name or if both your and your partner’s names are on the mortgage.