Divorce and Real Estate

I'm a regular poster but I'm in hiding, because I'm so embarassed. Earlier this week, I found out my husband has been cheating on me. He doesn't know that I know yet and I'm trying to get as much figured out as I can before I tell him and leave.

We own a home together and have owned it for several years. When I leave him I will not be able to afford the home by myself and we will have to sell it. Has anyone else been through this? Do I have to wait for the divorce to be final before selling the house? What do I do if he tries to be a jerk and won't allow me to sell it?

Re: Divorce and Real Estate

you should speak to a lawyer asap, thats what my friend did and it helps because they can tell you exactly what you are entitled to.

Re: Divorce and Real Estate

I am sorry for your situation but I know 3 people who had a house in common. The first one the husband gave her the house but she could afford the payments. The other 2 were bought out by their husbands so they could keep the house.

You should check with a lawyer.

Re: Divorce and Real Estate

First, i am sorry you are going through this. I am sure it's very stressful.

I agree you should consult a lawyer before you do anything. I would talk to a divorcee attorney before you even confront your husband.

But both parties need to consent to the sale of the house if you are co-owners, and both have to sign the listing paperwork to get it on the market. If your husband agrees to sell, then you can sell anytime. But if it needs to be a short sale, if you owe more than you can sell it for, divorce would be a hardship that allows you to short sell (even if you are not behind on your mortgage payments). But the bank will at least want to see a formal separation agreement before approving the short sale. But again, if it's not a short sale, and your husband agrees to the sale, you can sell whenever.

If he doesn't want to sell, the court will decide what should happen to the house as part of the divorce settlement. It's another financial asset, part of the marital property. Often, the judge will issue a court order, ordering the sale of the home.

But also consider if you want to stay in the house (do you have children whose best interest would be to stay in the house, for example?). Will you be entitled to any kind of financial support from your husband? You don't have to answer, just raising questions that a lawyer can help you sort out.

If you have any real estate related questions related to selling, feel free to contact me. I am always available to consult or answer questions. [email protected] or (516) 587-7618.

Hang in there!

Re: Divorce and Real Estate

Re: Divorce and Real Estate

I am sorry you are going thru this- I have helped many posters on here sell their home in a divorce situation- and many others unfortunately

it's one of my specialities- feel free to contact me any time- I can also put you in touch with those girls for some support or help!