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How to dealing with real estate during divorce?

Real Estate in Divorce Before marriage and after marriage, T bgpllc03/24/18
There are a lot of fam law practitioners on here, and maybe thirdtierlaw03/24/18
Google translate gone bad... whipster03/24/18
I don't understand your question, but please don't be cheap, cranky03/25/18
The post is indeed very vague. But I'll try. Generally, y onehell03/26/18
bgpllc (Mar 24, 2018 - 6:12 am)

Real Estate in Divorce Before marriage and after marriage, This is why when property is in question in a divorce?

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thirdtierlaw (Mar 24, 2018 - 7:29 am)

There are a lot of fam law practitioners on here, and maybe because it's early, but I can't make heads or tails of what you are trying to ask. Can you try reasking the question in another way?

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whipster (Mar 24, 2018 - 9:00 pm)

Google translate gone bad...

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cranky (Mar 25, 2018 - 9:58 am)

I don't understand your question, but please don't be cheap, trying to get free advice online. Find an attorney who practices family law in your state and county, and at least pay for a consultation.

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onehell (Mar 26, 2018 - 8:24 pm)

The post is indeed very vague. But I'll try.

Generally, you either buy the other spouse out (which means refi if there's a mortgage), or you sell the place and split the proceeds. Or you come to some other arrangement in the settlement.

One common misconception is that if the house was bought before the marriage the spouse who bought it will get it 100%. Even if you are in a community property state where such a bright line rule might exist in theory, community assets almost always went into the house over the years which means the community/marital estate claims reimbursement. Maybe not 50/50, but enough to be worth fighting about.

Point is, usually, someone is going to need to refinance to buy the other spouse out, or the thing is going on the market. It's best if both parties realize this going in so they can just work out the details in mediation.

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