Many people know that a Lake County is the fastest and most affordable way to get divorce in Lake County. So naturally, for those in agreement about their divorce, an uncontested divorce seems like the way to go.
But people often ask me, “Can I get an uncontested divorce if we own a house?” Aside from dealing with kids, figuring out what to do with real estate is probably the most complicated matter in many divorces in Illinois.
I’m not quite sure why, but many people have the idea that an uncontested divorce is possible if either spouse (or both) owns real estate. But that’s not true. An uncontested divorce is possible even if you own real estate.
So now that you konw you can get an uncontested divorce with real estate, consier the following points you need to think about if real estate is part of your uncontested divorce in Lake County, Illinois.
Who gets the house?
The most obviously qestions you need to figure out is “Who get’s the house in the divorce.” Sometimes, the person who gets the house will be the person who will have the kids most of the time. Or maybe it’s the person who works closest to the house, or who likes the house the most. Frankly, it really doesn’t matter much who gets the house.
But if neither of you wants the house, then you have to consider selling the house?
What if we want to sell the house?
Many times, particularly in an amicable divorce, both spouses plan to live in a house after the divorce, until it is sold.
But they still have to determine specific language to be included in their marital settlement agreement (the document that contains all financial terms of the divorce). It is simply not enough to state that both people want to sell the house – you have to get specific.
Just some of the points that can be addressed in handling selling real estate are as follows:
- When will the house be placed on teh market?
- What broker will list the house?
- How will a listing price be determined?
- How will the spouses handle any offers that come in?
Part of my role as an uncontested divorce lawyer in Lake County is to help people sufficiently address how a house is to be sold pursuant to a divorce settlment.
How do we pay for the house?
Suppose both spouse are going to live in the house for some time after the divorce – it’s more common than you may think.
When that happens, it is necessary to detail how the various house-related expeses will be handled. Keep in mind, after a divorce, if the spouses are still living together, the legal relationsihp between the two spouses is one of roomates.
Here are just some of the topics to consider:
- Mortgage
- Property tax
- Insurance
- Regular maintenace
- Necessary repairs
- Utilities
How do we handle refinancing?
It is not uncommong for two married people to be on one mortgage. But in a divorce, one person might be awarded the house while both people are still on teh mortgage. In those cases, the person who is awarded the house needs to try to refinnance ther other person off the house.
It is important that refinancing be adequately adressessed so that both peopole know what to expect.
When does one or both people move out?
Even if both spouses live together after the divorce, there has to be an exit plan. I don’t think you’d want to live with your ex forever, would you?
Therefore, it is necessary for a marital settlement agreement to address who will move out, and when.
What trouble can we get into?
It is true that getting an uncontested divorce is the fastest and most affordable way to get divorced in Lake County, Illinois. However, that doesn’t mean that problems are impossible.
On one hand, no settlement agreement can solve every possible problem. On the other, any marital settlement agreement should offer protection against problems with real estate.
Some problems that can occur with real estate include the following:
- Foreclosure
- Refinancing
- Disrepair
- Unpaid property taxes and subsequent government liens
If you use a shady divorce document preparation website for divorce, I predict you will have many serious problems with handling real estate; see this article about document preparation websites.
Given the quantity and nature of possible problems with real estate, it is highly advisable to use a lawyer for an uncontested divorce in Illinois. For a bit more about that, check out this article.