09 Feb Getting Divorced, Selling My House…
Here are some tips I usually give buyers and sellers who are…
1. If you’re buying a home make sure your divorce is final. In Texas almost everything is community property. In most cases you will need to make sure your divorce is final before applying for a loan.
2. The best case scenario for me is when the husband and wife are already divorced when I meet them or when they’re willing to wait to finalize their divorce AFTER the closing. It makes the task of selling your home that much easier.
3. As difficult as it may be, it’s best when the divorcing couple have a functional relationship where they’re actually on speaking terms. Selling a home is a business transaction. It’s okay to not like each other, but it’s critical that you make decisions based on reason and not on boiled over emotions.
4. If you plan on keeping the house and (throwing the other one out) consider that you’ll need to refinance the home in just your name. The court can grant you the house and you can call it yours, but you STILL need to refinance (if a mortgage is due) to get the home in your name. PRIOR to doing this it’s paramount that you investigate to ensure there are not additional liens. What if your husband didn’t pay the plumber? Perhaps he got in an argument and lied to you about paying the roofer. These vendors could have placed a lien on your property. You can run a title search through a title company to double check. It’s better to find out BEFORE you file for divorce, especially if your intentions are to refinance the house into your own name.
5. Your home owners insurance needs to be examined. Just because both people are married doesn’t mean that both are considered insured parties on the home. This could leave you uncovered after the divorce.
Greg Nino is not a lawyer and doesn’t want to be one. For legal advice contact your favorite attorney. It’s important you seek legal advice, tax advice and of course, REAL real estate advice.
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