The Intersection Between Divorce & Real Estate
Divorce introduces a unique set of challenges, especially in the realm of real estate. To navigate these complexities successfully, a focused strategy before and during the divorce process is crucial.
Here's a condensed guide highlighting key considerations for real estate during these pivotal phases.
1. Property Valuation:
Begin the divorce process by assessing the value of real estate assets. Understanding the worth of the family home and jointly owned properties forms the basis for equitable asset division. A second component, which can be difficult to quantify, is recognizing that each property may hold a piece of shared history.
2. Child-Centric Housing Decisions:
Prioritize housing decisions that embrace the well-being of children. Courts consider their best interests when determining living arrangements. Ensure real estate choices support the stability and emotional comfort of your children, fostering a sense of security during a challenging time Transparent Property Negotiations:
3. Navigate Mortgage Responsibilities:
Clarify mortgage obligations early on, determining whether one spouse will assume the mortgage or if the property will be sold. Address financial responsibilities tied to the properties, such as taxes and maintenance cost.
4. Transparent Property Negotiations:
Realize that real estate discussions hold emotional weight during divorce. Maintain open and compassionate conversations with your ex-spouse about property division, recognizing the emotional ties to these spaces. Legal counsel serves not just as a guide but as a source of support.
5. Ownership Structure Clarification:
Decode the ownership structures governing your properties, seeking guidance from a real estate attorney. Whether it's Joint Tenancy, Tenancy in Common, or Matrimonial Property Act, clarity on these aspects is essential for a legally sound approach.
6. Consider Your Post-Divorce Housing Options:
Sell the Home Now and Divide Up the Proceeds: Approach the sale of the home as a shared endeavor, aiming for a process that respects both parties. From a financial perspective, the primary consideration is to maximize the homes selling price. It is important to understand not only what you will net in your pocket, but also the split of proceeds as determined by the court.
Buy Out Your Spouse or Have Your Spouse Buy You Out: You or your ex-spouse will need to determine how to meet the monthly financial obligations if there is only one salary. If your spouse is buying you out, be aware, if the current loan is not refinanced, the liability or staying on title may make it difficult for you to purchase a home.
Retain Joint Ownership: Maintaining joint ownership for the time being when one spouse continues to live in the home, eliminates any immediate worries, but could affect one's purchasing power in the future.
This foresight allows for strategic planning and exploration of alternative housing options.
In facing the challenges of divorce, a strategic focus on real estate during the process is instrumental. Whether assessing property values or navigating ownership structures, a proactive approach ensures a smoother transition. By adhering to these condensed guidelines, individuals can navigate real estate dynamics effectively and lay the groundwork for a more secure post-divorce future.
Meet the author Chris Matlashewski
Chris is a licensed Realtor with Comox Realty in Calgary.
If you have questions for Chris, please email chris@chrismat.com
Real Estate Probate and Estate Specialist
Residential Certified Selling Agent
Real Estate Divorce Specialist
Relocation Agent Certified
Residential Certified Buyer Agent
Condominium Certified Agent
Note: The author, compiler and publisher do not assume and hereby disclaim any liability to any party due to these words coming from the author’s own opinion based on their experiences. This account is based on the author’s own personal experience. We assume no responsibility for errors or omissions in these articles.
