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Divorcees Must Modify Deed, Mortgage for Marital HomeYou and your spouse will decide which of you will retain ownership of your marital home after your divorce. However, the division of property in a divorce agreement is not enough to completely transfer ownership of the home to one person. As long as both of your names are on the deed and mortgage, you both will have some control over and responsibility for the home. The most efficient way to settle the issue is to transfer the deed and modify the mortgage while your divorce is still ongoing.

Potential Problems

Your divorce agreement states your intention for one of you to occupy and control your marital home after your divorce. It does not automatically change your deed or mortgage. Failing to update these documents may not have immediate consequences but will eventually cause complications:

  • One of you cannot sell the home without the other’s approval if the deed still says that you both own the home;
  • The person who no longer lives in the home could be liable for property tax and mortgage payments if the occupant does not pay them; and
  • If the occupant files for bankruptcy, the mortgage lender can pressure the other person on the mortgage to pay the remainder.

It is easier to settle these issues between each other now than returning to court years later when you are having problems.

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Posted on in Family Law

keep the house, Crystal Lake Divorce LawyerFor many couples, the marital home becomes one of the central issues in a divorce case. A home is generally a large chunk of a couple's property; therefore, it will naturally be an important part of the property division process. Additionally, there are a lot of memories tied to a marital home. People can often find comfort in the stability that comes with keeping a house during a divorce. However, there are several practical concerns where keeping the house is concerned. These may not be enough to outweigh the possible benefits, but divorcing homeowners should keep these concerns in mind.

Marital Home Concerns

One main concern to keep in mind when deciding upon whether or not to keep the marital home is that houses are expensive assets. Often, a divorcing spouse's options will be to keep the house, let the other spouse buy him or her out of the house, or sell the house and split the proceeds. Of these options, two tend to leave a divorcing spouse with a bank account, while keeping the house leaves him or her with an asset in need of upkeep.

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