Category Archives: Marital Home

Foreclosure During Divorce

The couple going through a foreclosure at the same time they are going through a divorce should be aware of a number of issues that may arise. The divorcing spouses need to determine 1) who is responsible for the mortgage, … Continue reading

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Negotiating a House Buyout at Divorce

When divorcing couples want to minimize the impact on small children, one spouse very often buys out the other spouse and keeps the family house in a divorce. In this routine, the custodial parent buys out the noncustodial parent so … Continue reading

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Who Gets the House?

Divorcing couples should not take action about the disposition of the family house until reviewing all the pros and cons of keeping or offloading the house with qualified family law lawyers who can offer a perspective on the legal and … Continue reading

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Refinancing the Mortgage

If you’re going through a divorce and want to keep the family home, you will likely have to buy-out your spouse by paying an amount equal to his or her interest in the home. For example, you and your spouse … Continue reading

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Marital Home Foreclosure – Deficiency Judgment

In a divorce, sometimes a house goes into foreclosure during a divorce because the spouses cannot pay the mortgage, and it ends up being sold at foreclosure for less than the amount the spouses owe. This is called a short … Continue reading

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When Someone Else Takes Over The Mortgage

Divorcing couples can sometimes avail themselves of the provisions of the federal Garn-St. Germain Depository Institutions Act of 1982 and transfer the responsibility of a mortgage to a new party. The Garn-St. Germain Act exempts transfers resulting from a divorce … Continue reading

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House Foreclosure After Divorce

An unexpected foreclosure lawsuit with a former spouse can make a disconcerting – and unwelcome — continuation of a divorce.  This can easily happen when couples fail to properly transfer ownership of the marital home. At the conclusion of a … Continue reading

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Capital Gains in a House Sale at Divorce

For most divorcing spouses, the sale of the family house during or after a divorce probably will not result in any capital gains tax. The sale of a primary residence can be sheltered from capital gains of up to $500,000, … Continue reading

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Sharing Housework Increases Chance of Divorce?

Couples who share the housework are more likely to divorce, according to a Norwegian study. Among “modern” couples who share the chores, divorce rates are higher than among couples where the wife does the lion’s share of the work. The … Continue reading

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The Tax Implications of Divorce

William Donaldson, a certified financial planner and a certified divorce financial analyst, says in a divorce the failure to remember taxes leads to costly mistakes later. Capital gains, income tax, and alimony are three taxes to remember in divorce negotiations. … Continue reading

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