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Selling Your House as Part of a Divorce - Family Matters

Jenny's Question : We are going to put in the divorce decree that he is giving up his rights to the house and wants nothing to do with it anymore. If I have him sign a quick claim deed and I sell the home for more than what is on the loan, can he still obtain what money would come to me? Brette's Answer : If you are granted the home in the divorce decree, it belongs to you and any proceeds would belong to you only. You should discuss this with your attorney.

Can the decree be changed if we decide I'll keep the home? Ruby Asks : In the divorce agreement, we agreed to sell the house and split the profits. Unfortunately, we haven't been able to sell the house. My ex has agreed to let me keep the house, and in return I am to give him a little cash and forgive some money he owes me. Does my decree have to be changed? Brette's Answer : If you've agreed to something different than the terms of your decree, you do need to submit your agreement to the court and have it made official.

Otherwise, he could take you back to court on a violation. Talk to an attorney. Can I sell the house without his permission?

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Neither of us can afford to keep it, but he won't even agree to sell it before we can agree on custody. Brette's Answer : The house can't be sold without the permission of both parties, or unless there is a court order. You should not list the home until a decision has been made.

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If you get an offer, you can't accept it since he does not agree. Can he sell the house without my knowing about it? Stacy's Question : I believe my husband is planning on filing for a divorce. I'm going on a trip to see my parents, and I suspect he might try to sell our house while I am gone. I am not on the mortgage. We have lived in the house married for 10 yrs.

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Can he sell this house without my knowledge? Brette's Answer : If your name is on the deed, you own the property together and he can't sell it without your permission. You might not realize it, but it takes a long time for a sale on a house to go through - weeks. This isn't something he can do overnight. If the house is in his name only and there is no divorce proceeding started, he can sell the house. Nancy's Question : The judge ordered me to put house up for sale. I have a buyer, but can't get in touch with my ex he changed his phone number and got fired from work.

Can I just sell the house and worry about giving him his share if we ever find him? Also, can I sign the paperwork for him? Brette's Answer : You can't sell the house without your spouse's signature on the deed. If you cannot locate your spouse, go back to court. Can I stay in the home until the kids are grown without buying him out? Tracy's Question : We have 2 children one that is mildly retarded and a house that has the deed in both our names. My daughter receives special services from within our school district. I would like my husband to move out so my daughter does not have to change schools.

Please tell me how I can retain the home, and the school for my daughter, and have my husband move out, without having to buy him out He has refused to do so for years. Brette's Answer : It is common for the residential parent to have the right to live in the marital home until the children are grown. Mediation might be a good solution for you.

If you and your husband sit down in a controlled environment and you express your concerns for your daughter and make it clear you are simply trying to make things as good for her as possible and that you are not trying to punish him, he may listen to reason. He also may need to understand how the property settlement will play out.

Often people refuse to leave the home because they fear they will lose all of their interest in it by doing so. Another tricky part is that he will remain liable in the eyes of the mortgage company so if you don't pay, he's liable. You can include a clause saying you will indemnify him, but that's often of little help in those situations. Is a house located in a foreign country subject to division in divorce? Pamela's Question : My parents brought a home back in the 90s in Ecuador.

How is that house impacted if they start the divorce process? Or is that something they need to settle themselves? Brette's Answer : The house is part of their marital assets and will be divided in the divorce.

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Just as if they lived in one state and owned a home in another state. Do I have more rights because my father gifted the equity to us?

Kelly's Question : My father sold the house to my ex-husband and I, and he gifted the equity to us. Do I have more rights to the house where as it was my family home. Is he entitled to anything if the home is deeded to me and my mom? Question : Does my husband have any right to my home if the house in my name and my mother's name?

I am nervous as how this will hold up in court and if he can get half of my house? He also thinks he is not responsible for the debt accumulated during our marriage as he feels most of the items are within our home and staying with me. Brette : You'll need to consult with an attorney. Even if the home is in your name, it will depend on how it was paid for and who did the maintenance and improvements to determine how it will be divided. Debts accumulated during marriage are usually joint debts. Can I keep the house if I bought it by myself during the marriage?

J Asks : I've been married for over 7 years. I know we are going to end up getting a divorce because he has been unfaithful. I bought the house by myself after we got married. Or do I need to give him some money so I can keep the house? Brette's Answer : A home purchased during marriage with marital funds is a marital asset.

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If separate funds were used, it will depend on who paid the mortgage and did the upkeep whether he is entitled to a portion. I suggest you consult with an attorney.

Am I entitled to anything if he bought the house with insurance money? Samantha's Question: My husband's mom died last year and he used the life insurance proceeds to buy a home.