Geri
Mason
There seems to come a point in almost every marriage
where things just are not working out any more.
As tragic as it may be, one out of every 2 marriages
have ended in divorce.
In today’s age of quick marriage and “easy
do-it-yourself divorce” it is not as big of a deal as it
once was to say, “I do” and then decide that you don’t…
In some cases, things can get rather messy.
It is at times in the best interest of both parties
to enlist the aid of an experienced attorney to better carry out
the particulars of dividing property and assets, but sometimes
this is not necessary.
As emotions are high and things can easily turn
volatile, dividing property without a third party present can
be a tricky and even undesirable process.
However, in the event that the two parties can
agree to come together and rationally discuss the property division
without incident, sometimes selling the home and dividing the
proceeds is the best method of being fair.
It is often a difficult procedure to decide who
will get the house, especially if the couple has shared life experiences
as well as mutual friends in the surrounding area.
For one party to get the house would be to force
the other party to start over in a sense. In order to maintain
equality and to minimize the squabbling over yet another item,
selling the home and splitting the case is a very attractive proposition.
Although the relationship may have failed, the
selling of your home is something that should involve both parties.
It is petty to focus on whose name is on the mortgage
note, if in fact only one person’s name is present on the
note. Both parties have a claim to the home if only for emotional
ties. This is something that should be approached with a sense
of unity over a business transaction.
If no other agreement in this situation can be
reached, it must be looked at as simply a business transaction.
The guidelines for advertising and for carrying
out the sale of the home should still be followed to the tee.
The selling price of the home should not be dictated
by the amount of cash that is desired to be split by the dissenting
parties, but rather the profit from the sale itself should be
split equally and without incident.
A divorce can be a terrible and life-altering
process. The complexity of closing a real estate deal in the midst
of or as a result of the divorce can be downright overwhelming.
However, with a little tact and dignity, the desired
result can be accomplished. If all parties remain cool and collected,
and the transaction is handled respectfully, it can turn out to
be a mutually beneficial process.
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