DALTX Real EstateDALTX Real EstateDALTX Real Estate
  • Home
  • Guest Post
  • Agents
  • Contact Us
  • About
  • Advertise With Us
Reading: Title Tip: How to Navigate The Great Divide After Divorce
Share
Font ResizerAa
DALTX Real EstateDALTX Real Estate
Font ResizerAa
  • Home
  • Guest Post
  • Agents
  • Contact Us
  • About
  • Advertise With Us
  • Home
  • Guest Post
  • Agents
  • Contact Us
  • About
  • Advertise With Us
Follow US
© DALTX. All Rights Reserved.
DALTX Real Estate > Real estate and divorce > Title Tip: How to Navigate The Great Divide After Divorce
Real estate and divorce

Title Tip: How to Navigate The Great Divide After Divorce

6 Min Read
SHARE

Divorce-and-real-estate-1024x698

By Lydia Blair
Special Contributor

Selling the marital home. Some refer to this as the great divide. Getting divorcing spouses to agree on selling their home, an asking price, an agent, the final sales price, etc. can be difficult and stressful at best. Emotions and tensions can run high well before we add on the legal requirements of transferring title of the property.

The unfortunate, but real, scenario of legally selling a home while divorcing can combine some difficult tasks. It requires cooperation from all parties. While everyone’s situation is different, there are basically two ways to divide the property before, during, or after a divorce.

One option is for one spouse to keep the property. With agreement, they obtain it from the other spouse and put it in their name only. Once the divorce is final, an attorney can draw up a special deed to be signed and filed with the courts. It must be signed by the spouse giving up the property. If the property has a mortgage, the spouse getting the property may need to go through the mortgage process again. Typically they will refinance the home in only their name. Sometimes they need to get equity out in order to buy out the other spouse. This is done in the refinancing process.

The other option is to sell the property. To sell a homesteaded property while married, both spouses must sign the warranty deed at closing. In Texas, a spouse has certain rights to the homestead property while they are married. It doesn’t matter if the property is separate or community property. What matters is if they have lived in the property as their homestead. Neither spouse may sell the homestead without the other spouse signing. This was adopted years ago to ensure that one spouse didn’t sell the family homestead without the knowledge of the other spouse.

I’ve seen divorcing partners who would rather burn the place down than see their soon-to-be-ex gain from the sale of the property. They sometimes don’t care if they financially hurt themselves in the process. Regardless of how high the monetary stakes may be, emotions often take over. It can become a dose of stress no one needs. 

Communicating the situation to the title company can help. While we’re not counselors or mediators, we may be able to ease the tension. I usually arrange for hostile parties to sign separately, even though it means taking twice as much time. It’s usually worth it to avoid the heated exchanges that can erupt.

The title company handling the sale will want to review the divorce decree or settlement agreement that has been issued by the court. They aren’t being nosy and don’t care about who got what – except when it comes to the property. How the property and proceeds are divided needs to be clear in advance of closing.

Typically, the divorcing couple splits the proceeds or shortages from selling the home – but not necessarily 50/50. Sometimes, one spouse has been occupying the home and is being paid back at closing for additional expenses. Any number of other situations may have been worked out to divide the proceeds. At closing, the title company will distribute any monies (after liens and loans have been paid) per the directions of the divorce decree, agreement between spouses or court order.

What documents must be signed, and when and how the property is transferred can be complicated. Your title company can help lessen the frustration and any confusion. Remember that the title company is a neutral party. Communicate your situation with them to tie up the division of real estate neatly.

The opinions expressed are of the individual author for informational purposes only and not for the purpose of providing legal advice. Contact an attorney to obtain advice for any particular issue or problem.


Lydia Blair (formerly Lydia Player) was a successful Realtor for 10 years before jumping to the title side of the business in 2015. Prior to selling real estate, she bought, remodeled and sold homes (before house flipping was an expression). She’s been through the real estate closing process countless times as either a buyer, a seller, a Realtor, and an Escrow Officer. As an Escrow Officer for Allegiance Title at Preston Center, she likes solving problems and cutting through red tape. The most fun part of her job is handing people keys or a check.

Best of 2020: Kessler Park Jewel Hiding In Plain Sight
Penthouse Plunge: Finding a General Contractor is Harder Than it Looks
Sales Volume and Prices Both Climb as Texas Market Finishes 2013 Strong, Economists Say
What Can I Get For Under $10 Million In…Los Angeles, California?
Breaking: Is a Group Drug Rehab Facility Going Up Right in the Middle of Preston Hollow?
TAGGED:Dallas real estate newsDallas Title NewsDivorceThe Great Dividetitle businessTitle Tip
Share This Article
Facebook Email Copy Link Print
Previous Article Remodeled vs. Updated? Home on Boyd Avenue Benefits From a Fresh Start
Next Article The $2 Million Swing: DCAD Valuations for Slice of Fitzhugh Avenue Revisited
Popular News
Historic Preservation

Demolition Application Filed for Chicago-area Frank Lloyd Wright Cottage

BREAKING: Couple Uses Facebook Yard Sale Group to List University Park Home on McFarlin
Friday Five Hundred: Unique Finishes and Gorgeous Silhouette Make This Home a Hidden Gem
Check Out This Killer House With White Hot Intensity
St. Nicholas is Coming, And These Open Houses Offer Spots to Hang Stockings With Care
about us

DaltxRealEstate.com is the largest real estate blog and the only one in North Texas.

Links

  • Privacy Policy
  • Terms of Service
  • Contact Us
  • Paid Guest Post Submission

Categories

  • Wednesday WTF
  • East Dallas
  • Monday Morning Millionaire
  • Upon Closer Inspection

Get Involved

  • Advertise With Us
  • Write for Us: Submit Guest Post

Find Us on Socials

© DALTX. All Rights Reserved.
Welcome Back!

Sign in to your account

Username or Email Address
Password

Lost your password?