Divorce: Should You Sell Your House?

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Ask any realtor, and they will quickly tell you that a significant portion of their business comes from sellers who are in the middle of a divorce, and there is a very good reason for this. Often, it makes the most sense for the divorcing parties to sell the marital home and go their separate ways, but not always.

If you are headed for divorce and you and your spouse own a home, one of the first questions that will enter your mind is, “What should we do with the house?” There is no “one size fits all” answer to this question, because the best answer depends on your individual circumstances.

In many cases, it’s in the couple’s best interests to sell the marital home and split the proceeds.

What if one of the spouses wants to stay in the home? Perhaps the spouse does not want to uproot the children, or perhaps they have many fond memories from living in the home. In other words, they’re attached and they do not wish to move.

When a Spouse Wants to Keep the Home

In order for one spouse to remain in the marital home, usually they will need to refinance the mortgage in their name alone. In order to accomplish this, the spouse must have the income and credit to qualify for a home loan in their name alone.

Sometimes a spouse has such a strong desire to stay in the marital home, that they do not realize that doing so would be a big financial mistake. When couples divorce, their expenses increase and they are now supporting two households instead of one. This can be a difficult adjustment at first.

Instead of refinancing, a better option may be selling and moving into something smaller and more affordable.

Conversely, if staying in the home is feasible, the spouse who wishes to stay will generally buy their spouse out of their share.

If your spouse wants to remain in the home, we do not recommend that your name stays on the mortgage. While your soon-to-be ex may be the most trustworthy person in the world, if they lose their job or become disabled, you would be on the hook for the payments, no matter what the divorce decree says.

Additionally, if your name stays on the loan, it can make it difficult for you to qualify for an apartment or a rental home, and it can be impossible to purchase another home so long as you’re tied to the property.

Is selling a viable option?

Another option is to sell the marital home and split the proceeds with your spouse. This is the best way to make a clean break. However, this option will depend on whether you have equity in your home.

If you’re upside-down, you may need to consider renting out the home until the market warms up, or continuing to live there with your spouse (this only works for limited number of couples) until you can afford to sell.

If you have further questions about what to do with the marital home in a divorce, contactJones Law Firm, PC to speak with a Denver divorce attorney!

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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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