Home Selling in West Bend>Question Details

Dorthy Packer, Home Buyer in Pittsburgh, PA

My husband and I are getting a divorce, but how do we split the property of the home? Do you know of any good divorce lawyer from Oakville? Thanks!

Asked by Dorthy Packer, Pittsburgh, PA Fri May 10, 2013

<a href="http://www.campbelllawyers.net/individuals.html">divorce lawyer oakville</a>

Help the community by answering this question:


There is never a right answer until you speak to a lawyer. There are many different scenarios that go into deciding the best way to split a property up

Do you have equity in the property compared to how much you owe?

Who is on the note? Both of you or just you or him?

Do either of you want to stay in the property?

If you want to sell, then splitting the proceeds after closing would be the easiest, depending on the other aspects of your divorce settlement.

If he wants to stay and you want to leave, and both your names are on the note for the home, then he would need to refinance the property on his own and get your name off of the note and title, so you are not legally bound to the property, this would occur after the divorce is finalized. Normally there is a period of time involved in allowing him to do so. If there is equity and he is able to refinance and stay, a cashout scenario could occur that would allow him to pay you off and he could still keep the home, or vice versus.

First advise an attorney, find the proper course. Second, get an accurate account of what your home is worth, through an appraiser if possible. Compare worth to what you owe on your first mortgage and possibly any second mortgage. Calculate the loan to value ratio. Normally cashout situations only allow you to go up to 90% total CLTV cashout. This is dependent on credit score and debt to income ratios.
0 votes Thank Flag Link Fri Jun 27, 2014
I don't have experience with this. I think that getting a lawyer would definitely help. They will be able to figure out a fair way to split your property. I think it's important to find some sort of agreement between the two of you.
Gary Puntman | http://www.holmanlawfirm.com/
0 votes Thank Flag Link Mon Jun 23, 2014
Speak with a good divorce lawyer, they will point you in the right direction. I just Googled "Divorce Lawyer in Oakville" and got lots of choices. Typically proceeds of the home are divided 50/50 unless an alternative agreement was or is reached. Good luck.
0 votes Thank Flag Link Fri May 10, 2013
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