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Three tips to handle your marital home in divorce

On Behalf of | Feb 14, 2022 | Family Law

You and your spouse have lived together in a single residence for years. Now that you are ending your marriage, the time has come to figure out what to do with your marital home. Whether you want to keep your marital house or not, you should have an idea of issues involving your home that you will have to deal with.

If you have an understanding of what to expect with your marital home, you might avoid some pitfalls and help your personal situation following your divorce. Kiplinger delves into some actions that might assist you in this regard.

Prepare to refinance your home

Perhaps you want to stay in the home and your spouse agrees. If you have a mortgage outstanding on the property, it is likely your lender will want you to take out a new loan so that only your name will be on the mortgage. Check your finances to be sure you can qualify for a loan.

It is possible the bank will let you assume the loan yourself, but the process may not differ much from trying to secure a new loan. Examine your options carefully to see if one best fits your needs.

Evaluate your home insurance

If you retain your marital home, be certain that the home insurance policy is in your name. This is so you can make a claim if your home takes damage from a natural disaster or a fire. However, if you move to a smaller house, your existing insurance may be too expensive for what you have. Conduct a personal inventory so you can acquire a policy that fits your current circumstances and costs less.

Remove your name from the title

In the event you do not want your marital home or do not receive it in the final settlement, you should make sure to remove your name from the home title. If your spouse keeps the home, your spouse will have the responsibility to pay property taxes or maintenance bills. However, if your name is on the title and your spouse does not pay, creditors may come after you.

Similarly, if your name remains on a property title and the property does damage to a neighbor’s property or injures someone, you could become the target of litigation just because you are on the title. This may apply to vehicles or other real property that your name is on. If you must give up property in divorce, be sure that someone cannot hold you legally responsible for what your property does.

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