Separating assets only increases the stress of divorce. And if neither of you can afford to keep the matrimonial house, the prospect of selling it can be overwhelming.
In a contested divorce, splitting marital property is often an extended battle. Since the house is usually a couple’s most significant asset, deciding how to divide it can become the biggest fight. If a couple can’t reach an agreement, a judge may force the sale against the will of one or both spouses.
While the divorce property settlement can grant the house to one spouse, it does not remove the other spouse from the mortgage. If the ex partner doesn’t assume or refinance the loan, the other spouse remains legally responsible for the mortgage.
Money problems are frequently cited as a contributing factor when a couple decides to divorce. And if the struggling couple has been unable to stay current with house payments, the bank may have already initiated pre-foreclosure proceedings.
It is difficult to divide real estate in a divorce when the lender is about to foreclose on the marital home.
Selling the family home does not have to be overwhelming. For many years, San Antonio Cash Home Buyers has been helping divorced couples with the quick sale of their property. You cannot find a more experienced real estate investor in San Antonio and surrounding areas.
Not only are we experienced, but we also do everything quickly. When we buy your house, we complete the entire real estate transaction in 3-30 days.
We also buy your house AS IS:
When you accept our cash offer, we assume the responsibility for fixing the house.
We don’t have to wait on a bank for loan approval. And you don’t have to wait on a title company to issue a check. In only a few days you have cash in hand.
We negotiate with creditors and settle all legal claims attached to the home. All the problems and the paperwork associated with your house are factored into our offer. And you get cash in 3-30 days after signing the purchase agreement.
Yes, and there are two common ways to do that.
A short sale is when a lender accepts an offer for a house that is less than the amount the borrower owes. Usually, but not always, the lender accepts the selling price as payment in full for the mortgage.
If your ex is about to let the house go into foreclosure, you must take quick action to protect your credit. For example, your ex violated the divorce decree by never refinancing the home. Since your name is still on the mortgage, you should qualify for a short sale.
If the lender doesn’t approve the initial offer of a third party buyer, only a Chapter 13 bankruptcy filing will stop the foreclosure. The filing gives you a few days to find a buyer whose offer is acceptable to the bank. Keep in mind that you must abide by the remaining terms of the contract, or the bank can restart the foreclosure proceedings.
If a divorcing couple sells their house while they are still legally married, they can deduct up to $500,000 from any capital gains tax due. If they sell the home after finalizing the divorce, each person can deduct up to $250,000.
When one spouse buys out the other, the remaining spouse is not subject to any capital gains tax. But the equity of the other spouse is subject to capital gains tax.
Please note: The $250,000 deduction is forfeited if one party hasn’t lived in the house for more than two years. And the deduction does not apply to rental property.
A house jointly owned cannot be sold without both parties’ approval. It cannot even be listed.
Check the deed and see how the property is held. For example, you and your ex lived on one side of a duplex, and still own the duplex as tenants in common. You can legally sell your half of the duplex to a third party without your ex partner’s permission. But while it’s practical to sell half a duplex, no buyer would want to purchase half of a house.
What if your name is the only one on the deed? In some states, you can legally sell your house to a third party without the permission of your ex. But Texas is a community property state. With few exceptions, property acquired during the marriage is considered jointly owned by both spouses—regardless of whose name is on the deed.
If your house is considered community property, you must get a quitclaim deed from your ex partner before the home can be sold.
Yes, you can, in the following situations:
If your ex has fallen behind on house payments for a joint mortgage, the lender will eventually hold you responsible.
Foreclosure after divorce can be avoided by forcing the sale of the marital home through a partition lawsuit.
If your ex failed to refinance or assume the loan—in violation of the divorce decree—the court probably won’t be aware of the problem.
You must take immediate action, whether the mortgage is in your name only or the names of you and your ex. Hire a lawyer to initiate a partition lawsuit. When your ex is in breach of the property settlement, the court can force the sale of the home. And you can protect your credit by getting your name off a mortgage for a property you no longer own.
You can file a partition lawsuit to force a court ordered sale of the marital home without the consent of the other party. The suit can be filed for any reason both during the divorce or after the divorce is finalized.