There’s no hiding the fact that a good number of marriages end in divorce. From the emotional toll to working through child custody concerns, divorce is just not an easy process. The financial part does not have to be as taxing, though. It’s one of those three big D’s: Divorce, Death, Disability. Preparing for the “just in case” scenario can make a huge difference when they come around. In Colorado, the divorce full process takes at least 90 days from the initial filing and serving of copies to the spouse. That is the earliest a court will grant a divorce. However, matters can go as far as a full out trial, greatly lengthening the process. These are just some considerations regarding the subject when real estate is involved.
If one party can afford the costs of home ownership after one of the income providers is gone, then home retention is an option. The party keeping the home will have to refinance with one income, unless, of course, there is third-party involved in qualifying. Chances are the person leaving may need to be “cashed out”. Yet another possible scenario is having an added expense of child support and alimony.
Keeping the Loan
Another option is for the person leaving is to stay on the mortgage. This is a bit riskier for the departing party and their credit if the person keeping the home defaults on the mortgage payment. This situation also creates a challenge for the party leaving to obtain new financing. They can still be quit claimed out of title if they were sell their interest in the property. Otherwise, the person staying will not be able to refinance or sell without the exiting party’s agreement.
Selling the Property
The conditions and terms of selling depend on whether there is equity in the property, the home was acquired during the marriage and if there was a prior (prenuptial) agreement in place. This is where Vida Real Properties can help you. A comparable market analysis along with an initial title report and loan statement can give you an idea of the possible of range of net proceeds to each party. Ideas to improve the value and marketability can be discussed. Communication can be with one party at a time if they are not on speaking terms. If the divorce goes to trial, you may not have a choice on which agent to work with. Being proactive makes a difference.
Here are some articles of interest:
- Divorce Rates in The U.S.
- Top Towns in Colorado with Divorces
- Divorce Process in Colorado (LegalZoom)
- The Gray Divorce Revolution
I hope you are not in that situation, but if divorce is a reality and you need to address your home situation, you can contact me by email or call 303-728-9433.
Vida Real Properties and Services, LLC