Giving your ex the house has to be done very precisely
Your spouse wants to keep the house when you get divorced. That’s fine with you; you don’t want it. You’re planning to buy your own place. Divorce isn’t what you imagined when you go married, but you’re making the most of it.
Figuring out a property division agreement that gives your ex the home is certainly possible. You just need to make sure that you do it very carefully and precisely.
For example, one man made sure his divorce settlement specifically stated that his ex wife was responsible for the home and that he was no longer liable. He deeded the title over to his former spouse. He got his hands on the divorce settlement papers, made a copy, and sent it to the mortgage lender.
That wasn’t enough. He then tried to buy a condo, and he found out that the mortgage papers still had his name on them, impacting his ability to get a loan.
One more step was needed. His wife had to refinance the house, asking for a mortgage in only her name. Even if she could afford it, that meant she had to pay significant fees, just to take him off of the mortgage.
Are you surprised by how many steps there are? This is just one example, but it shows why it’s so important to understand all of the legal obligations when dividing property. Missing one thing, even if it seems small, can potentially ruin wreck the plans you have made. Further, it is crucial to have an understanding of all of these financial factors before entering into an Agreement.
Source: Reuters, “Splitsville? How to divide property in a divorce,” Geoff Williams, accessed Nov. 24, 2017