Agreeing to Sell Your Marital Home When You Divorce Is Just the Beginning

Disagreements about whether to go the DIY route or whether to hire someone to help with a challenging project have caused conflict in many marriages. You and your spouse might not agree on whether the money you will spend hiring a new contractor is worth it for the time and stress you will save if you try to replace the floor by yourselves. One of you might be proud of having done an amateur job of the project while remaining true to your frugal values, while the other might be thinking of the cost of hiring contractors as an investment that will increase the value of the house when you eventually sell it. Some of the most contentious divorce battles relate to which spouse gets to keep the marital home, so if you and your spouse agree that you should sell your house and divide the proceeds, you have avoided costly litigation about which of you deserves to keep the house or can afford to keep it. Despite this, there is plenty of room for other disagreements to arise once you sell the house. If you and your spouse decide that your divorce will entail selling your marital home, the process will go more smoothly with the help of a Mississauga family lawyer.

A Marital Home That a Divorce Couple Agreed to Sell Is Unfinished Business

The best time to sell your marital home is while the divorce case is still pending. This might seem counterintuitive if you are in a hurry to finalize your divorce so you can be legally single. Despite this, it makes sense to sell while the divorce is pending, because if any legal disputes arise related to the sale, you can resolve them as part of an ongoing divorce case, instead of opening a whole new litigation. For example, the judge can intervene to rule on disagreements about whether to accept a prospective buyer’s offer and how to divide the proceeds. Most of the time, the judge does not have to issue a ruling about it, but your lawyer and your ex’s lawyer can resolve matters by negotiating during mediation.

Set Specific Rules During Family Court Mediation About the Sale of Your Marital Home

Selling a house is not a quick process, and if you have all the other details settled, it may make sense to sign your marital settlement agreement and finalize your divorce. The provisions in the MSA about the sale of the house should be as specific as possible, not just which spouse gets what percentage of the sale proceeds when the sale closes. For example, a couple reached an impasse when the former husband listed their former marital home as for sale by owner, and the house stayed on the market for a long time without selling. The ex-wife thought that the ex-husband should hire a real estate agent, but he did not want to spend the money for that.

Contact Zagazeta Garcia LLP About Selling the Marital Home in Divorce

A family lawyer can help you get a fair outcome if you and your ex-spouse have decided to sell your marital home.  Contact Zagazeta Garcia LLP in Mississauga, Ontario to discuss your case.

Source:

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