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Hidden Time Bomb in Suggested Solution for Divorce Real Estate

By
Services for Real Estate Pros with DivorceThisHouse.com

Regarding divorce real estate, I received this morning the following message via Active Rain:

best solution to date is utah, wife files, husband keeps home, kids, wfe takes apt., two jobs, pays support, has visitation, youngest child turns of age, house divided at that time.

The hidden dangers of delayed sale/joint home ownership AFTER divorce essentially create a time bomb for either or both spouses.  One specific danger (among many) - post divorce liens.

Utah is an equitable distribution state, and debts of either spouse after divorce can be recorded as liens against the title to the former family house.

Because liens follow the land, after divorce the former family house cannot be sold, and the mortgage cannot be refinanced, unless the liens are released - often requiring payment in full.

So long as the EX Husband and EX Wife co-own this house, they may be divorced but they didn't divorce the house!

 

 

 

 

 

 

Show All Comments Sort:
Charlie Ragonesi
AllMountainRealty.com - Big Canoe, GA
Homes - Big Canoe, Jasper, North Georgia Pros

You really have to do some extra due diligence in these cases . Nice post and thanks for pointing it all out

Jan 06, 2009 10:56 PM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

"Waiting for the market to change" can be a long time...especially when there is a mortgage and home equity loan or line of credit which likely contributed to the financial woes which did contribute to the cause of divorce to start with...Or like the upside down folks we met the other night...paying interest only on BOTH a home equity line and a mortgage after being divorced for 2 years....and the down of the up continues....

Jan 06, 2009 10:56 PM
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Kelly, the ramifications of divorce in Utah can sure have some long time affects on home ownership. I'm sure other State's may have the same issues. Thanks.

Jan 06, 2009 11:11 PM
Janice Roosevelt
Keller Williams Brandywine Valley - West Chester, PA
OICP ABR, ePRO,Ecobroker

So glad you pointed this out. There is always something new for me in a divorce, real estate situation - apart from the unpleasantness and potential for non- cooperation from one side

Jan 06, 2009 11:17 PM