|
Carol Ann's Newsletter
November 2016
Table of Contents
1. Buying a House While Going Through a Divorce
2. How to Remove Name From a Real Estate Deed After Divorce
3. 13 Ways to Survive the Divorce
4. From the desk of Carol Ann
5. Humor
6. Thought for the Day
1. Buying a House While Going Through a Divorce
Many divorcing couples don't have sufficient financial resources to consider buying a new home while the divorce process is happening. But for those persons fortunate enough to have good credit and what appears to be adequate income to buy a new house before the divorce is final, the home purchasing process can be a rocky road.
Title Issues
Colorado law presumes that all property purchased by either spouse during the marriage (i.e. until the final divorce decree is entered) is "marital property. Marital property is subject to "equitable division" in a divorce case. If the husband purchases a new home to live in while a divorce action is pending, the title to the new home might be in his name only. But the court in the divorce case still has the power to order that the title to the new home be placed in the wife's name; or that the new home be sold; etc. This is because while the title might be in the husband's sole name, the new home is still considered "marital property," subject to the court's power to make orders concerning the title.
Loan Qualification
During the temporary orders period when a divorce action is pending, the court may enter temporary orders for maintenance, child support, debt payments, and other matters. If a divorcing home buyer qualifies for new home financing on one day, his or her financial picture may change dramatically the next day if there is a temporary orders hearing allocating child support, maintenance, and/or debt. The temporary orders are not binding on the court or the parties for purposes of the final resolution in the divorce case, so the parties' financial picture can change again once permanent orders are entered.
Marital Property - Increase in Value
Some divorcing couples reach an agreement allowing a spouse to buy a new home, while the divorce is pending. However, an agreement that a person can buy a new home, is not the same thing as an agreement concerning disposition of the new home. In order for the agreement allowing a spouse to buy a new home to be an agreement that truly allows the home to be excluded from the divorce property division process, the agreement: (1) must be in writing and signed by the parties; (2) approved by the court; (3) contain terms concerning the title and the equity; and (4) must be signed only after there has been a financial disclosure exchange. Otherwise, the agreement may be deemed invalid, and the increase in the value of the new home could be considered "marital property" subject to division by the divorce court.
Marital Property - Furnishings
Furnishings that are purchased for a new home are "marital property," if the furnishings were purchased prior to entry of the divorce decree. Consequently, the divorce court retains the power to equitably divide the furnishings, unless the parties have a written, signed agreement approved by the court, excluding the furnishings from the marital property division. The agreement should be signed only after there has been a financial disclosure exchange.
Conclusion
It is possible to buy a new home while a divorce is pending, but the process should be carefully negotiated and approved by the court. Otherwise, the new home and its furnishings may become another set of assets for the divorce court to divide.
2. How to Remove Name From a Real Estate Deed After Divorce
The following is from an article online written by Renee Price. For more information, go to: http://www.ehow.co.uk/how_7441036_remove-estate-deed-after-divorce.html
Many divorces involve the dissolution of ownership and transfer of the spousal property or home from one spouse to the other spouse. In order to remove a spouse from a property deed following a divorce, you must file a quit claim deed. A quit claim deed is a legal document that releases an individual's interest from deeded possessions. according to James Karp and Elliot Klayman, authors of the book
"Real Estate Law," quit claim deeds are most often used during divorce property settlements where one spouse seeks to transfer their interest in the marital property to the other spouse. Your spouse must willfully participate in the transfer process; you cannot simply remove them from the property deed yourself.
- Include the removal of your spouse from the marital property deed as provision in your divorce settlement. Adding this prerequisite in your divorce settlement will legally bind your spouse to remove her interest in the marital property after the divorce. If she lags in signing over her interest in the property, you can file a petition or motion for a court order which forces her to dissolve her interest in the property per the divorce settlement.
- Ask your attorney or a local real estate agent for a quit claim deed. A quit claim deed will release your spouse from responsibility and interest in the marital property. Quit claim deeds are most frequently used during divorce settlements in which one spouse requests or is ordered to transfer their interest in the marital property to the other spouse, according to Karp and Klayman in "Real Estate Law."
- Set up a meeting with your attorney and ask that your spouse attend to sign the quit claim deed. Your attorney will record the meeting and notarize the form, which will complete the transfer of ownership and absolve your spouse's interest in the property.
3. 13 Ways to Survive the Divorce
1. Laugh. It heals and cures incredible pain.
2. Read How to Survive the Loss of a Love by Melba Colgrove, Ph.D., Harold H. Bloomfield, MD and Peter McWillliams (Prelude Press, 1993).
3. Get a therapist who specializes in divorce and join a divorce recovery group. This usually is a short-term engagement.
4. Treat your friends with kindness. It's easy to abuse those close to you, especially in the beginning stages of a divorce. Remember why they re your friends.
5. Get smart - educate yourself about divorce. Talk to people who have gone through it. Ask, "If I could roll back the clock, would I have done anything differently?"
6. Stay busy. Volunteer within the community if you are not working for pay.
7. Keep communications open with your ex-to-be and definitely with your kids, if you have them.
8. Surround yourself with positive people. It's common to want to hang out with others who are the same boat. That works for a short while. After that, the ship begins to sink. Negative people beget negative people.
9. Be assertive and clear about what you want. If you feel weak In the area, there are classes that you an take that will assist you in speaking up for yourself. Remember, if you have kids and are going to be the custodial parent, you are speaking for them, too.
10. Keep track of the hours you put into gathering data for your attorney. Then figure out how much she would have charged if she had had to do the sleuthing. Do the math and determine just how much money you saved.
11. Make a list identifying the top four things that are important to you personally and professionally. Next, turn down activities and projects for the next month that don't tie in with your top four. Instead, pour your energy into your big four - you will feel terrific.
12. Watch our top 13 (actually 15) movies (will be listed in our next newsletter).
13. Plan a celebration when it is over. A celebration of a divorce? Yes. You have been through a lot - a pat on the back is in order for not following through with some of the nasty thoughts you had along the say. It could be dinner out with a friend, a movie, even a trip.
the D
- From the desk of Carol Ann
I always talk about how I don't get emotionally involved with my clients. Well, I had tears in my eyes after hearing my client's story and I'd like to share it with you.
Angie and her husband were on their way to a formal company dinner which coincided with their 30th wedding anniversary. Her husband (who earns more than $300K a year) looked at her and said, "I want to tell you this before we get to the dinner so you don't say anything inappropriately. The boss said that instead of getting a bonus this year, we will get an all-expense paid trip to Europe. But I don't want to take you, in fact, I'm leaving you."
Angie has a 17 year old daughter still at home who is really supporting her mother emotionally. One night when Angie couldn't sleep and was crying, her six foot tall daughter came and sat on her lap, dried Angie's tears, and said, "Mom, just look at it this way --- God loaned you Dad --- so you could have ME!"
- Humor
Actual call center conversations!
Customer: "I've been calling 700-1000 for two days and can't get through, can you help?"
Operator: "Where did you get that number, sir?"
Customer: "It's on the door of your business."
Operator: "Sir, those are the hours that we are open."
Caller: "Can you give me the telephone number for Jack?"
Operator: "I'm sorry, sir, I don't understand who you are talking about."
Caller: "On page 1, section 5, of the user guide it clearly states that I need to unplug the fax machine from the AC wall socket and telephone Jack before cleaning. Now, can you give me the number for Jack?"
"Operator: "I think it means the telephone plug on the wall."
- Thought for the Day
One good customer well taken care of could be more valuable than $10,000 worth of advertising.
- Jim Rohn
|
