Can I Get a Divorce When My House is Upside-Down?

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What’s Inside

If you’re fortunate, you’ll head into a divorce with equity in your home, money in the bank, and a couple retirement accounts. This way, once the marital assets are split according to Colorado law, you’ll be comfortable. But, not everyone is that fortunate.

For a lot of jaded spouses, there never seems to be a “good time” to divorce. And, if unhappy spouses delay their divorce because they’re waiting for the real estate market to heat up, they can find themselves waiting years. So, what many of them do is pull the trigger anyway and try to make the best decision regarding the marital residence, even if it is upside-down.

When There’s No Equity in a Home

When couples buy a home, they hope that it will appreciate in value and become a treasured asset. They expect that as the years go by, they’ll build equity in the home, but it doesn’t always work out that way. Home values can sharply rise because of a downtown revitalization, public transportation improvements, or even because a new school is built.

“Having negative equity is like walking on a treadmill with an injured knee. You don’t get anywhere, and it’s painful. If you’re lucky enough to be financially solvent, that puts you in the enviable position of being able to make the house payments, even though it feels like you’re throwing hard-earned money into an abyss,” Barbara Wheelan wrote in Bankrate.

Home values can also tank for a number of reasons, such as a recession, the economy, or because the neighborhood experiences a rise in crime. Fluctuations in the real estate market can have serious financial repercussions for homeowners, especially if they want to divorce and sell their home but they are upside-down on their mortgage.

What to Do With the Marital Residence

What is a couple to do if they wish to get a divorce when it’s a buyer’s market and they are upside-down in their mortgage? While a foreclosure or a short sale are options, we don’t recommend them because they can ruin your credit.

Next: Financial Advice for Divorcing Spouses 

With an upside-down mortgage, the divorcing couple usually has two options: 1) rent the house out until it can be sold for more than what’s owed on the mortgage, or 2) one of the spouses continues living in the home until it appreciates in value enough to sell at a profit. If the couple chooses the latter, the spouse who moves out must remember that with the mortgage on their credit, they may not be able to buy another home until the house is sold.

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Client Testimonials

Compassionate & Effective Counsel That Makes a Difference

B.H.

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April and staff were wonderful.

“April and staff were wonderful. It made a difficult time of life softer while maintaining my dignity.”

J.A.

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I will be recommending friends, family, and associates to Jones Law.

“When I needed legal assistance I emailed roughly a dozen law firms that came up in a Google search. Jones Law was the only firm that got back to me with a personalized message about my particular situation. When I arrived for my appointment I was greeted by Emily Sturgill to go over my case. Emily was awesome. She walked through my information & was very empathetic to my situation. I later met with David Collins to address my issue. David was great & completely understood what I wanted & gave me a very quick resolution. I will be recommending friends, family, and associates to Jones Law.”

M.C.

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April always valued how I felt and what I wanted the outcome to be for the case.

“April Jones has represented me very well in my family court case. April always valued how I felt and what I wanted the outcome to be for the case. She understood my concerns and made sure they were kept on the forefront. I feel my cases outcome was positive for me and my family because of that. Thank you.”

S.H.

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We can now open up another chapter of our lives.

“I went to Jones Law Firm, PC , needing help with my children’s custody case. April took my case, even though it was very short notice before the court date. Immediately April and all her staff members started gathering all the details and information from me to prepare for court. Daily April and/or her staff members were in contact with me for any updates on what was going on. I now have full custody of my two beautiful children. My family and I would like to say “Thank you so much” to everyone at the Jones Law Firm. We can now open up another chapter of our lives.”

A.E.

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In the most difficult time of my life, April Jones was there for our family.

“I am SO thankful for April and her team! She personally went well above and beyond the call of duty on my custody and child support case and helped me out of a nightmare situation with my ex-wife and restored balance and fairness in my family. I am happy, and most importantly the kiddos are happy!! Thank you SO much April for all you do!”

S.R.

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“April and her team made my divorce quick and smooth. I would recommend them to any one. Even after my case if I need to call in for anything the team there are always so nice and helpful. I would not be in the life I have now if it weren’t for the help I got from this firm.”

S.C.

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Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe!

“Having had the pleasure and experience of having Ms. April Jones of Jones Law Firm, PC represent me in my recent divorce, I must say how truly BLESSED I was. Not only did she do a FANTASTIC professional job, she was caring, understanding and most concerned in a manner that left me knowing and feeling I was safe! In the aftermath (or dare I say ‘afterglow’!) of such an emotional separation departure, I graciously and honestly can suggest and recommend Jones Law Firm, PC !”

M.K.

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Ms. Jones’ best quality as an attorney is her ability to take charge.

“Ms. Jones was my attorney in 2002. She is sharp, quick and strong and we won my case decisively. I am currently having Ms. Jones represent me again on another issue in 2010-2011. Based on my observation, Ms. Jones is sharper and stronger and has attained greater knowledge and insight. I have noticed that Ms. Jones desires to win each case with integrity. She cares about her client’s welfare at all times. Ms. Jones’ best quality as an attorney is her ability to take charge. I have recommended Ms. Jones to my friends and co-workers.”

Roswell

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April settled my case literally out in the courthouse hallway.

“April settled my case literally out in the courthouse hallway.I had a landlord that failed to make promised repairs to my apartment. I was paying for a two bedroom,two bathroom place but only one bathroom worked. He said he would repair it when I moved in but 7 months went by and he was still making excuses. He lived in hawaii, the apartment was in california and he used that as his excuse. I decided to stop paying him until he fixed the bathroom I had BEEN paying for. After 3 months of that he arrived at my apartment and decided to take me to court rather than fix the bathroom and collect back rent which I had been holding onto. April negotiated a deal before we went into court for an immediate cash payment for 1 month and I could take a week to move out. My landlord accepted and a possible unlawful detainer ruling was avoided. I was able to use the 2 months rent I still had to find another apartment which would have been much harder to do with a unlawful detainer on my record.”

Alan

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April is very knowledgeable of the law and will not let you down.

“I cannot be more happy with the April Jones Law Firm! I hired her in 2012 for disputes over child support and other items, we had to go to court 3 times on separate matters and every time we were successful. April is very knowledgeable of the law and will not let you down. If I ever need a family law attorney I will call April Jones.”

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