Divorcing? Should You Divorce Your Home, Too?
– CALL FOR IMMEDIATE HELP (602) 825-2500 –
Listen To This Page:
- Why Should You Sell Or Keep Your House in Divorce?
- Should I Sell the House Before or After the Divorce?
- Can you Sell a House if One Partner Refuses?
- How Can I Stay in My Home After a Divorce?
- How Do You Calculate House Buyout in a Divorce?
- What if One Person Wants the House but Can’t Afford It?
The divorce process can be difficult and emotional, especially when deciding whether or not you should have a home sale.
Considering selling your house, it’s essential to consider all angles before making a final decision.
On the one hand, selling may help to provide financial relief during this tough time. On the other hand, you may have sentimental attachments that make parting with your home more difficult.
It’s also important to consider market conditions and prices in your area before making any decisions.
Ultimately, an individual choice should be carefully considered before taking action.
Divorce involves many complex decisions, including what to do with the marital home. Selling the house during or after the divorce has its advantages, such as providing both parties with the ability to divide assets and move on. However, keeping the home may also have benefits, particularly for stability. The timing of the sale is crucial and can be impacted by the divorce decree, which outlines each party’s obligations and rights concerning the property.
Multiple options exist for those who want to retain the house but face financial constraints. Because divorce can also impact capital gains tax, it’s essential to consult professionals to navigate this significant life change. Our Arizona family law attorneys are well-versed in property division during divorce and are available to guide you through your options.
Why Should You Sell Or Keep Your House in Divorce?
Selling your home is often tricky, but it can be the right option for some people.
However, keeping the marital or family home might make more sense in certain circumstances.
Selling your home allows you to divide up the proceeds of the sale and move on with your lives separately.
It also eliminates ongoing property taxes and upkeep expenses, which can become a financial strain.
Also, selling your house in divorce helps avoid further entanglement or division of assets between spouses.
Doing so will provide both parties closure and help make the transition into new lives easier.
Ultimately, selling your house in this situation is often an effective way to move forward with financial stability and emotional peace of mind.
Should I Sell the House Before or After the Divorce?
When deciding whether to sell the house before or after a divorce, there are pros and cons to each approach—selling the house before the divorce can be beneficial because it allows both parties to divide the proceeds immediately and move on with their lives.
However, it also requires both parties to agree on a sale price and timeline, which may not be feasible.
On the other hand, selling the house after the divorce may provide more flexibility in setting a sale price and timeline, but it also means that one party may have to buy out the other’s interest for the sale to proceed.
Ultimately, discussing both approaches with an experienced attorney who can help you decide what is best for your particular situation is best.
An attorney can help you understand each approach’s potential benefits, drawbacks, and other options. Ultimately, ensuring that your decision is in your best interests and that you understand all possible consequences is vital.
How Does my Divorce Decree Affect My Ability to Sell My House Before or After a Divorce?
A divorce decree can significantly impact the ability to sell a house before or after a divorce.
Depending on the divorce terms, selling the house may require both parties to sign off on the sale for it to be valid.
Suppose there are other issues relating to property division, such as who gets custody of certain items.
In that case, this could also affect the ability to sell a house before or after a divorce. In addition, if one party is unwilling to sign off on the sale, it could create obstacles that make it difficult or even impossible for the sale.
Before attempting to sell a home during or after a divorce, it is essential to understand the implications of the divorce decree and any other relevant legal paperwork.
Can I Sell a House in My Name Before a Divorce?
Selling in one’s name before a divorce is possible, depending on the ownership status.
Generally speaking, discussing this process with an attorney before taking any legal action is best.
If both spouses are on the deed and one spouse wishes to stay in the house, they may need to buy out their partner’s share before attempting to resell it.
If only one spouse is on the deed, that person can likely sell the home without involving their soon-to-be former partner.
In either case, it is crucial to understand the local rules regarding divorce proceedings to ensure that all parties are appropriately represented during negotiations. Additionally, consulting a real estate agent can help streamline the process so that the sale goes smoothly and quickly.
The Best Time To Be Selling Due To A Divorce
The best time to sell your house due to a divorce is during the summer when the market is at its peak.
This means buyers will have more money available and will be more likely to make an offer.
Additionally, during this time of year, people often look for new places and may be more willing to consider your property as an option.
Furthermore, with summer comes longer days, meaning you will have more time for showings and open houses.
Finally, summer is usually accompanied by less competition from other sellers in the area, which can help increase your chances of selling quickly.
All things considered, the best time to sell due to a divorce is much easier during summer than any other season.
Can you Sell a House if One Partner Refuses?
A house can be sold in Arizona even if one partner refuses, though it is more complicated than if both parties agree.
A court order from a judge must take the estate off the market and have it sold, which can be obtained through a partition action.
This process requires that all parties involved in the sale be served with notice so they can respond.
The court will then decide whether or not to sell the house based on their assessment of each party’s rights and interests.
In most cases, this process will ultimately result in a sale, but there is no guarantee that it will go as planned.
It’s important to always consult with an experienced attorney before attempting to sell when one partner refuses in Arizona.
How Can I Stay in My Home After a Divorce?
Staying in your home can be difficult, but you can take a few steps to make it possible.
- First, talk to your spouse about who will stay in the home and ensure it is agreed upon. You may also need to modify the ownership or rental agreement if you plan on staying in the home.
- Additionally, discussing any financial issues arising from staying home is essential. This includes determining who will pay the mortgage, taxes, and insurance.
- Finally, it is essential to create a budget and stick to it to ensure you can afford all the necessary living expenses while living in the home after your divorce.
Following these steps can help make sure you can stay in your home after a divorce.
Can I Be Forced into Selling a Joint-Owned House?
Depending on the circumstances, it is possible to be forced into selling a joint-owned house.
If both parties own the house equally and one party wishes to sell, the other party may have no choice but to agree to the sale.
This can be especially true if one party is willing to pay off any outstanding debts associated with facilitating a sale.
Additionally, suppose significant financial or legal issues are associated with the property. In that case, a court might issue an order forcing both parties to sell to resolve those issues.
In any case, all owners of a joint-owned property must understand their rights and obligations related to ownership and potential sales to protect their interests.
How Do You Calculate House Buyout in a Divorce?
Several factors must be considered when calculating a house buyout in a divorce.
- First, the total value of the home must be determined.
- This can be done using an appraiser or a real estate agent familiar with the local market.
- Next, any mortgages and other financial obligations attached to the property must be considered, as well as any equity built up in the home over time.
- Once all of these factors have been considered, the buyout amount can be determined.
In some cases, couples may choose to hire a mediator to help them negotiate an acceptable buyout agreement, or they may agree to split any proceeds from the sale of the property equally.
No matter what approach is used, both parties must understand their rights and responsibilities associated with the buyout process before signing any documents or making any agreements.
How Does Divorce Affect Capital Gains Tax?
Divorce can have a significant impact on this type of tax.
When a couple divorces, the assets they own are divided between them.
Any capital gains realized on these assets must be calculated separately for each spouse and reported on their individual tax returns.
Furthermore, when one of the spouses sells an asset that was received as part of the divorce settlement, they may be liable for taxes due to the difference between their cost basis and the sale price.
In addition, if one spouse retains an asset that has appreciated in value since the divorce was finalized, they will be responsible for paying capital gains tax on any profits earned from its sale at a later date.
Therefore, consider how divorce might affect your capital gains tax liability before making any decisions.
What if One Person Wants the House But Can’t Afford It?
This is a difficult situation to be in, but there are still options available.
One option would be to look into a loan or mortgage and see if they can get the funds necessary to purchase the property.
If that’s not possible, then renting might be an option.
It’s essential to consider all the pros and cons and ensure you’re comfortable with any decision.
There could also be a chance for a rent-to-own arrangement, which would give the person some time to save up for the down payment on the house.
No matter what, it’s crucial to research, talk to experts, and ensure that you understand your financial obligations before making any decision.
Contact Our Family Law Attorney Today, So We Can Assist You in Making the Best Choice for Yourself and Your Future
Are you in need of family law assistance? Our experienced divorce attorneys are here to help.
We understand that making the best choice for yourself and your future can be difficult, so we strive to provide personalized solutions tailored to your needs.
Our attorneys have extensive experience in divorce and how to navigate the choice of selling your house after a divorce.
We will listen carefully to your concerns and guide you through the legal process while advocating for your rights.
Attorney Darin Colburn has experienced first-hand just how difficult going through a family law matter such as divorce is when his parents divorced when he was 6 years old. Twenty years later, he has devoted his entire legal career to helping those facing similar issues. Darin attended the University of Arizona and graduated Cum Laude from the Eller College of Management. Darin is an experienced trial attorney that excels in high-net-worth divorce, complex business valuations, and messy child custody disputes.
Always Available 24/7 for Legal Help
Schedule an Appointment Today!
Call Us Now to Speak with an Attorney (602) 825-2500
Real Client Reviews
Below are just a few of what our clients have to say!
“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!
Chris - AVVO Review
“Listens to every request that you make on a case”
I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
Ben - AVVO Review
“I still have a clean record to this day.”
One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
MJ Walsh - Google Review
“I was found NOT GUILTY. Dave won the trial for me.”
Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
Gregory - AVVO Review
“He fights for his clients like no one I have ever seen”
David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
Patricia Bevins - Google Review
“The calm in the middle of my storm…”
I recently consulted with Darin after my wife filed for divorce. He was referred to me by a friend whom I very much trust. Darin was the antithesis of the first two attorneys I consulted (who were matter-of-fact and had very little empathy about the fact that I was struggling emotionally with what was transpiring). From the first few minutes of speaking with Darin, it was obvious that he was very knowledgeable and skilled with divorce and family matters. While that was most important to me, the thing that made the difference was his calming, logical, and empathetic approach. He took the time to listen and empathize with me. He took the time to understand what I wanted to achieve through this process and laid out my options. After the consultation, I knew he would be my attorney if I had to pull the trigger. I, ultimately, didn’t have to engage Darin’s services due to a reconciliation with my wife. I hope I never have to go through that process again. However, if I do, I know beyond a shadow of a doubt who I will be hiring to represent me…Darin R. Colburn. Darin, thank you for caring and being more than an attorney.
Frank - AVVO Review
“Very professional, very empathetic, and very responsive to all the issues.”
I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
Gary C. - Google Review
“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
Dylan - AVVO Review
“I would give them more stars, but the option is not there”
Best divorce lawyers in Arizona, hands down. Timothy Hintz handled my divorce, and as a father, I have my son and our house. I would give them more stars, but the option is not there. His paralegal Jennifer Bone is extremely competent, and the whole team is very friendly. Took a big weight off, having them behind me.
Joseph A. - Google Review
“This was the best possible outcome, great price, and fast.”
Darin helped me with a complex family law issue involving ownership of multiple businesses and other assets. He was able to structure a win-win that wasn’t only better than I thought was possible but that protected the business I had built. Above and beyond that, he did it with great customer service and character – which really matters to me. This was the best possible outcome, great price, and fast.
David R. - Google Review
“Nothing but good things to say about my experience.”
I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
Lauren Koontz - Google Review
“There is NOBODY I would rather have defending me than David”
I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.