Divorce and Real Estate
St. Charles Divorce Attorney
When going through a divorce and dividing your assets, your family home is likely one of the largest assets you and your former spouse jointly own. For many divorcing couples, their home can become a point of contention during the divorce. Because the house is an asset, it is subject to division under the Illinois property division rules. Most often divorcing couples decide to sell their marital home and divide the equity, but this process can be lengthy and complicated without the help of a knowledgeable St. Charles divorce attorney. If you have decided to sell your home, one of our St. Charles divorce attorneys can help navigate you through this process. Additionally, if you have recently divorced and are interested in purchasing a home, our attorney can also help with this process.
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- Over 40 years of experience
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Contact us today to schedule a free consultation.
Selling Your House After A Divorce
If you and your former spouse decide to sell the family home, the equity you make from the sale could provide you with enough to start over with a clean break. Keep in mind, when you decide to sell your home you will have to pay off the mortgage, and any other equity line. You will also have to pay any capital gains tax that may apply. By hiring an attorney, you will have a legal advocate on your side to assist you with gathering all the information you need. A St. Charles divorce attorney can also be a neutral third party if you and your spouse are experiencing an acrimonious divorce.
When you decide to sell your home, the terms of the deal must be memorialized in the contract for them to be legally binding. An attorney from our office can help negotiate the terms you want as well as ensure the contract adheres to any Illinois real estate regulations.
Directly prior to closing the sale, the lender will send instructions to your attorney detailing any further details that need to be taken care of before the sale can be closed. A survey will need to be completed and pest inspections made. At the time of closing, your attorney will review all the documentation with you and explain everything before you and your former spouse agree to sign your property over.
Dividing the Cash - Distribution of Funds
Once your home is sold, you and your former spouse will have to figure out how you plan to distribute the funds. You may decide to use the money to pay off any marital debts or split the cash evenly. Although splitting the cash evenly may seem fair, if one spouse has been making mortgage payments on the home after a separation, that spouse has likely been reducing the principle amount and increasing the equity, which could increase the amount to be divided between spouses. If you are unable to come to an agreement, you may wish to hire one of our St. Charles divorce attorneys to help. By hiring an attorney, a neutral third-party is able to review the situation and provide solutions.
Buying A Home After Divorce
After you have finalized your divorce, you may want to purchase a new home. This can be difficult as your divorce could affect your credit. The divorce itself may not cause your credit to fall but in the midst of closing lines of credit, and reopening and closing bank accounts, you may accidentally miss bill payments.
Purchasing a home can be complicated and costly, there are many aspects of the process and deadlines that need to be met in order to move forward with closing. After a divorce, you are likely still managing the change in routine. An Attorney can help work with your loan officer to make sure dates are set for attorney approval, home inspection, mortgage commitment, and other contingencies. These dates are critical because missing them could add on extra fees.
If you plan to apply for a loan, lenders require an attorney to examine the county land records prior to issuing the loan. If you do not plan to take out a loan, our St. Charles divorce attorneys can examine the land records to make sure you are purchasing what you think you are purchasing. An attorney can ensure the property you purchasing is clear of:
- Claims of others
- Outstanding Deeds of Trusts
- Unpaid taxes
- Defective deeds or other defects
After closing, the real estate deed needs to be filed with the county and state. An attorney can do this quickly and efficiently as they are familiar with the maze of state regulations.
Let Us Help You
Whether you are buying or selling a home after your divorce, teaming up with our experienced St. Charles divorce attorneys who is familiar with your financial situation, will only help you make educated decisions on what is best for you.
Contact our offices today to schedule a free consultation.