How to Make Selling Your Family House During or After Divorce Fast and Hassle-Free in Cleveland, OH

cleveland divorce

Splitting marital property is a necessary part of getting through a divorce. Since the marital home is usually the largest asset for the couple, selling the house is a priority.

Selling a Matrimonial House Can Be Painful

The Ex Has a Different Opinion

In a contested divorce, disagreement is the norm. One spouse might want to keep the house while the other spouse only cares about getting their share of the equity. But an agreement has to be reached or separating assets becomes impossible. If the couple can’t work out an agreement, the judge will have to force the sale of the home.

When You Are in Pre-Foreclosure

The thought of splitting the matrimonial house when a pre-foreclosure notice has been received is enough to overwhelm an already distressed couple. And if the house is in foreclosure, the situation seems impossible. If the couple doesn’t take quick action, there could be nothing left to divide.

When You Are Forced to Pay for What You Don’t Need

If your ex-partner got the house and some rental property in the divorce property settlement, is your name still on the mortgages? If so, you have no ownership, but you remain on the hook for any delinquent payments.

Selling the Marital Property Easy, in Just a Few Days!

While nothing seems easy when dividing real estate in a divorce, selling the family home to a real estate investor is the easiest option. Cleveland Cash House Buyer can be your best friend when you’re trying to sell a house in Cleveland, Ohio or its surrounding areas.

We Buy Homes Quickly

After we get your call and come to see your property, we make an offer within 24 hours. And after you accept our offer and sign the sales agreement, in 3 to 30 days the sale will be complete. There’s no faster way to sell real estate.

Because We Have Cash and Don’t Need a Loan

When we make you an offer, we don’t have to go to a bank for a loan. We already have the cash to pay you at closing. In a few days after you accept our offer you have cash in hand.

We Also Buy Them As Is

If you’re worried about those expensive repairs that you’ve avoided, relax. We buy your house AS IS. If the gutters are hanging loose or even the walls of your marital home have huge structural cracks or something worse, we’ll buy your house. No matter what’s wrong with it, we buy it in any condition.

… And With no Hassle for You!

Our quick sales process has minimal hassle for a divorcing or divorced couple. We take care of all the closing paperwork. We deal with any creditors. And you have little to do but collect your cash at closing.

FAQ

Can I Save By Filing for the Tax Exemption Before the Divorce Rather than After, and What Are the Exemption Amounts?

A couple filing taxes jointly in the year prior to the divorce qualifies for a $500,000 capital gains tax exemption. After the divorce is finalized each party qualifies for a $250,000 exemption.
The party living in the home can take the $250,000 deduction when the house is finally sold. But if the other party hasn’t lived in the house for two years, their deduction is forfeited.

Different rules apply if:

  1. One spouse is a nonresident alien.
  2. The house is held in a trust.
  3. The property was divided in a divorce agreement prior to July 19, 1984.

Can I Force My Ex to Sell the Marital Home?

Partition Lawsuit

If your ex partner got the house, it’s important to get your name off the mortgage. If you can’t talk your ex into selling the home, there’s a way to do so without their consent.

File a partition lawsuit for a court ordered sale. But keep in mind that partition lawsuits tend to be expensive, and the court might not agree with you.

If Your Ex Can’t Pay the Mortgage on Time While Your Name Is Still on It

If your ex-spouse gets behind on the payments for your joint mortgage, you have good reason to file a partition lawsuit. Otherwise, you could face foreclosure after the divorce—adversely affecting your credit.

If Your Ex-Partner Won’t Take Over the Mortgage

If your ex partner has violated the terms of the property settlement by refusing to assume the loan or refinance the mortgage, contact an attorney to file a partition lawsuit. A forced sale by the court can get your name off the mortgage—which is especially important if the mortgage is in your name only.

Can I Sell the Family House Without My Ex’s Consent in Cleveland, OH?

In a common law state, such as Ohio, property obtained separately is not normally considered marital property. And whoever is on the deed is typically considered as the owner.

As an example, back in happier times a husband inherited some money with which he and his wife bought a new house. Since they paid cash for the home, the husband had the deed put in his name (with no thought of a future divorce.)

Switching to the present, the couple decides to separate. They obtain a no-fault divorce with little thought given to the division of assets. The ex-wife continues to live in the house, and the ex-husband moves out. After a few weeks, the ex-husband wants the house sold and the proceeds split so he can start a new business. But the wife objects.

Can he sell the house without her permission?

After doing a little research, he discovers that his name is the only one on the deed. Since the house was purchased with the money he inherited, his attorney advises him that Ohio law should allow him to sell the house without her permission.

What’s the Way to Stop Foreclosure that Works When Divorcing in Cleveland, OH?

Short Sale

Any party on the mortgage can request a short sale from the bank. A short sale is one way for a couple to get out from under a mortgage when they owe more than the house is worth.

As an example, after getting the house in the divorce decree, your ex let the house go into foreclosure. Since your name is still on the mortgage, the bank is coming after you also. You can take any buyer’s offer to the bank for the bank’s approval. If approved, the house is sold to a third party and your name is cleared from the mortgage.

Chapter 13: Bankruptcy

Declaring a chapter 13 bankruptcy will put an automatic stay on foreclosure proceedings. In some cases, the bankruptcy will give the couple enough time to find their own buyer for the house. And they can avoid a bank sale, which could cost them most of their equity.

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