Divorce is a challenging and emotional process, and one of the most significant issues that arise during divorce proceedings is the division of jointly acquired property. This article will explore a swift and practical solution to this problem – selling your house. We’ll discuss the legal aspects, potential difficulties, and steps to ensure a smooth sale in the midst of a divorce.
Understanding Property Distribution in Divorce
According to the law, any property acquired during a marriage is subject to compulsory distribution in case of divorce. This property can include real estate like apartments and houses, vehicles, securities, cash deposits, and even joint business ventures.
Potential Difficulties
Children’s Shares in the Property
One common challenge is when the property has shares designated for children. In such cases, you may need permission from custody authorities to sell the real estate. This can add complexity to the process and delay the sale.
Utility Debts
If the property has outstanding debts for utilities, these debts are typically divided between the husband and wife. If one spouse fails to pay their share, the law holds that they are solely responsible for the debt. This can create financial disputes and hinder the sale.
Outstanding Loans
In situations where one spouse has loans from a bank, the bank may take legal action, including seizing the property, if the loans are not repaid. To remove the legal obstacles and sell the property, the outstanding debts must be settled first.
Division of the House
The division of the house after the dissolution of marital relations follows the general rules for dividing jointly acquired property. Generally, the property must have been acquired, constructed, or privatized during the marriage for it to be subject to division. However, there are exceptions, such as when one spouse has significantly improved or renovated the house using joint funds.
Division Methods
The property division process often begins by allocating shares in kind and making necessary adjustments to the property. Alternatively, one spouse can assume sole ownership by compensating the other monetarily. Another option involves identifying and allocating shares through legal registration authorities.
Prerequisites for Property Division
In a divorce, nearly everything acquired during the marriage can be divided – cars, businesses, apartments, houses, equipment, and even money in bank accounts. However, specific conditions apply:
- Both spouses must not be formally married to other individuals.
- You must prove in court that you had a civil marriage – living together and maintaining marital relations. Evidence can include joint children, vacations, photos, bank statements, gift exchanges, mutual friends, shared holidays, and testimony from neighbors and relatives.
Selling Your Share of the House
Selling your share of a house in a divorce requires specific steps and legal procedures.
Notarized Waiver
Under the law, you cannot sell your share without a notarized waiver from the other spouse. If your ex-partner sells their share without written consent, you have the right to contest the transaction in court, which can lead to its invalidation.
How to Sell Your Share
To sell your share of the house:
- Contact your ex-spouse and inform them about your intention to sell your share. Invite them to buy it.
- If your ex-spouse is unwilling to purchase your share, ask them to sign a notarized renunciation.
- If both parties decide to sell their respective shares, consider selling the entire property instead. This is often more financially beneficial and faster since there is higher demand for whole properties in the real estate market.
Discuss all these nuances and options with your ex-spouse separately to reach a mutually agreeable decision.
In conclusion, navigating property division in a divorce can be complex, but understanding the legal aspects and following the appropriate procedures can streamline the process. Selling a house during a divorce requires cooperation between both parties, and finding an amicable solution can lead to a smoother transition into the next chapter of your lives.