Divorce brings with it not only a lot of emotional baggage but also a lot of other baggage. The other issues consist of all those things that have to be addressed during a divorce like asset evaluation, modifications and agreements as they pertain to the divorce child support and custody issues, property division, spousal support, alimony and anything else that may come up. Divorces can be complex matters that involve a number of moving parts.
In some divorces, couples have marital settlement agreements wherein the agreement dictates the terms of the divorce. When dealing with the division of property, determinations have to be made with respect to who will be getting what property in the divorce. If the parties can come to a meeting of the minds and settle the matter amicably, then that is always best for those involved.
The family home is always a big ticket item in a divorce. The party that is awarded the home normally has to refinance it in order to get the ex's name off of the mortgage loan and the title. The court usually gives a time frame to get this refinancing accomplished.
The courts will look to the parties involved to truthfully and accurately convey the property that will be the subject of a divorce proceeding. Depending on when the property was acquired, it may or may not be a part of the divorce settlement. Property that was obtained prior to marriage is not considered marital property and therefore cannot be claimed by someone else in the divorce. Therefore, a careful accounting of what is and what is not marital property can be crucial.
Source: Fox Business, "Ex Won't Refinance to Take My Name Off House," Justin Harelik, Dec. 4, 2013