You need to know that when going through a divorce, you have options with the marital home.
You buy out your spouse's half of the house.
One of you may want to retain sole ownership of the marital home and not move out of familiar surroundings. If either spouse decides to keep the home for themselves, both parties must determine how to handle future mortgage responsibilities and any equity in the property.
A buyout works best if you have the cash on hand to fund it, or you can qualify for a new loan.
While there is value to continuity, it's important to be realistic on what you or your spouse can actually afford. If you can't cover the mortgage, property taxes, maintenance and other living expenses, you may end up in serious financial trouble after your divorce.
You can sell and divide the proceeds of the marital properties. You may or may not owe taxes on the sale of your home, or you may owe less capital gain taxes if you sell the home before you are divorced, depending on how long you lived in the home. Please consult with your CPA on your specific situation.
As you work to get your financial affairs in order, make sure you understand what your net proceeds will be. When dividing marital property, the property value minus outstanding balance of the trust deed does not equal equity. Our title company will provide you with complimentary Estimated Seller Net Closing Statements/HUD so you can understand your selling expenses and calculate your projected profit.
The Maraia Group’s system of empowering clients with vital information early in the process, results in your ability to make better choices and be more in control of your results.
Sell the house now and divide up the profits.
Keep the house until the children move out, then sell and split the profits.
Some divorcing couples retain joint ownership for a period of time. This is common where children are involved. In this scenario, one parent may remain in the home with the children, while the other one relocates. In some cases, parents have even taken turns living in the home on certain days of the week, so the children do not have to pack up and change homes every few days.
Typically, after the children reach a certain age, the couple sells the home and splits the profit. If you're the one who moved out and you haven't lived in the house in two of the past five years, you may or may not owe taxes on the profit from the home sale. If your divorce or separation agreement outlines your future plans to sell the house, the IRS may consider that as meeting the two-out-of-five year residence rule. Please consult with your CPA.
Keep your eye on tax considerations which may change from the time of your divorce to the time of the ultimate sale. Also, it is a possibility that your spouse can decrease the value of the home by failing to maintain it, pay property taxes, or pay contractors who work on the home.
Do You Own Commercial & Income Properties?
We have a vast network of sellers and buyers for both commercial and income properties, ranging from apartment buildings, mixed-use properties, strip malls and hotels. We calculate the value of a property based on the location, present use and future potential, expenses, income, and upgrades. We offer cash out sales and IRS code 1031 Exchanges through our Coldwell Banker partner, Realogy 1030 Services.
If you need to liquidate a property that has a great deal of equity and value, and only a partial amount of the proceeds will be needed to pay out your spouse in a settlement, a 1031 Exchange with some “boot” may be a viable alternative. Please consult with your financial and tax advisor.
Follow us on social media for more information and resources.
