Property & Finances
What Options Do I Have With the Family Home?
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| What Options Do I Have With the Family Home? |
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In the midst of a divorce, you are overcome by many emotions. However, there are times when those emotions are often best packed away and placed on the shelf. One of those times is when you are trying to decide the best options you have for the marital home. For example, it is not always guaranteed that one spouse or the other will get the house. This means that the decisions over the best option for handling the house are often clouded by emotions rather than the actual best option available.When you are studying your options, you will notice that there are three main options to choose from. Each of these options are best for certain situations and often depend upon circumstances such as who paid more for the home, who if anyone owned the home prior to the marriage and so on. In order to be as emotionally unattached as possible try to leave conversations about the family home alone until you and your spouse can calmly talk. Your first major option that many couples opt for is to just sell the home. Once the home is sold, the equity that is built into the house is split between the parties. This often is chosen because the parties cannot agree on which one party will keep the home as well as when there is a very large amount of equity it is often easier to sell the home rather than one spouse buys out the other spouse. The last primary reason why many couples choose to sell the home is because the mortgage payments would be unreasonable for one party to make on their own. If you decide to sell the home, you should seek the help of a real estate agent who can give you the support you need. While dealing with a divorce you do not need to be the person showing the home, your emotional state could cost the sale. It is also a good idea to seek out several real estate agents to give you listing presentations. These presentations will allow you to interview several agents, as well as receive an estimation of the value of the home. This will allow you to select the best agent for your needs, as well as know the approximate value of your home without having to pay for an appraisal. The next popular option that is considered is for one spouse to keep the family home.This means that the spouse that keeps the home is required to buy out the spouse that has left the home. Typically, the amount that is required to buy out the home is half of the fair market value of the home. Additionally, when this method is chosen it is usually required that the home be refinanced. The reason for the refinance is so that the other spouse can be paid, and their name removed from the mortgage. This would mean that in order for this method to work the spouse keeping the home must have adequate credit and finances to be able to afford the home on their own. This is one of the hardest arrangements to work out when in the midst of divorce. Spouses generally argue over the value of the property, as well as how much the shares are worth in the property. It is best to have the home appraised to determine the exact value of the home to help smooth the process as much as possible. The final option is to maintain status quo. This scenario calls for nothing to be done with the home. One spouse generally agrees to leave the home, while the other spouse stays in the home. However, there is nothing done with the house usually for a specified amount of time. Often the time determined is upon the emancipation of the children of the marriage. While the status quo is being maintained, the spouse that is living in the home is generally responsible for the payments as well as repairs. However, while this is occurring it is often based upon the spouses being able to maintain a good relationship. It also requires the use of a lawyer and an agreement drawn up in writing that determines exactly when the house is to be sold, and how the proceeds of the sale will be divided. While many people would consider this the best option, it is often the hardest to arrange. Most times spouses are too emotional to be able to agree upon this, much less be able to afford to do nothing with the home. As you can see, the decision over the family home has several options that are quite viable. Choosing the option that is best for you will depend heavily upon your relationship with your spouse, as well as your financial circumstances. Always discuss your options with your lawyer as well as your spouse to determine what is best for your settlement. |
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