Divorce can be an emotional roller coaster, with many uncertainties and challenges. Even the most amicable divorces have administrative and legal issues that must be addressed.
Selling your marital home is one of the hardest things to do through a divorce. Selling a property is not easy since there are various factors to consider. Whether it’s to refinance, settle on mortgage payments, property taxes, move to one spouse, tax implications, or put it up for sale, there are legal, financial, and emotional reasons that influence on how soon the family house sells.
Here’s some advice for selling your house after a divorce in South Carolina, as well as how to receive the best offer.
Who Gets the House in a Divorce?
Property division may quickly become a largge source of disagreement after a divorce. Many partners are astonished to learn that the details on the title to the property do not always determine who gets to keep the home. Instead, following the divorce, possession of the couple’s property will be determined by whether or not:
- The assets are either regarded as the distinct property of one spouse or marital property of the marriage
- The spouses live in a state that follows the principle of “equitable distribution” or “shared property”
Divorce laws differ from state to state, and property division is determined by a number of variables, including where you reside, when the house was bought, and how long you’ve been married.
State regulations dictate how divorced spouses share their possessions. As a result, when it comes to property division, states choose one of two approaches:
1. Community Property State Approach
If you reside in a state with community property laws, you and your ex will split the majority of your divorce assets in half. This also implies that you and your ex-spouse will split half of the value of your home if you purchased it during your marriage.
Wisconsin, Washington, Texas, New Mexico, Nevada, Louisiana, Idaho, California, and Arizona, are among the states that adhere to community property laws.
2. Equitable Distribution State Approach
The remaining states usually adhere to equal allocation. If your state uses equitable distribution, the court will divide the property in the manner that they believe is fair. This implies that the court order decides what sort of split is fair for everyone concerned on a case-by-case basis.
However, in both community and equitable distribution jurisdictions, a judge will refuse to distribute property if it has been proven to be one of the spouse’s separate property.
Marital or Separate Property
In general, marital property/asset is whatever both partners earned or gained over the course of your marriage. (In certain states, this implies prior to the divorce, but in others, it means before you were separated.)
Dependent on the state you reside in, the marital property might have any of the assets listed below, provided they fit the “when obtained” rule:
- Your permanent residence, vacation residences, and any other real estate such as commercial and investment property
- Bonds, stocks, bank accounts, business assets, and partnership interests
- Stock options, profit-sharing programs, pensions, and other employment and retirement benefits
- Artwork, jewelry, furniture, clothing, and other examples of home objects
- Vehicles, such as watercraft and aircraft
- Life insurance plans, and lottery winnings (in the case of a lottery ticket acquired during the marriage, even if the profits were paid out afterward)
The property’s title isn’t always important. For example, you may place an asset (such as your bank account wherein you put your income throughout your marriage) solely in your identity, but it would still be considered marital property within state laws.
Separate property is owned solely by one spouse. Despite certain variances in state laws, there are several kinds of distinct properties nearly universal. Among these are:
- Prior to marriage, one partner owned property
- Either during or before the marriage, inheritance or gifts are received by one spouse
- Property which the partners have consented (in writing) as completely separate, generally by a legally binding postnuptial or prenuptial agreement
- The fraction from specific personal injury proceeds actually intended to reimburse for the wounded partner’s suffering and pain rather than to claim compensation for medical costs or other monetary loss in the course of the marriage
Community Property States – South Carolina
Any property or assets gained during the marriage must be distributed when a couple divorces. States achieve this in two ways: through equitable distribution and communal property. South Carolina’s marital property regulations are equitable distribution rules, as are those in many other states.
In South Carolina, spouses have a claim to every marital property. In this case, marital property refers to any personal and real property obtained by both spouses in the course of the marriage and held at the time of the divorce filing. It makes no difference if the house was purchased with only one spouse’s name during the marriage; the other partner will have a title to it as well.
Non-marital property, on the other hand, cannot be divided by the court. Non-marital property is defined as:
- Possessed by a partner before marriage
- A spouse’s gift or inheritance to the partner alone in the course of the marriage
- A signed prenuptial agreement or contract that excludes it from marital property. If a prenup is excluded, it is probably found equitable and fair if it is signed willingly by both couples whilst represented by a separate family law attorney, and with full financial information to one another on assets, income, obligations, and as permitted by family court regulations
Do You Have a Prenup?
A prenup, or prenuptial agreement, is a written legal contract in which an engaged couple defines their rights and duties regarding marital assets, premarital and debts, as well as what might happen if their marriage ended in death or divorce.
Discussing a prenup compels partners to discuss their financial goals, general attitudes toward money, saving and spending habits, and other accrued debts. Since financial issues are among the major causes of divorce, holding these discussions prior to actually getting married can help lay the groundwork for a stronger and longer-lasting union.
Experts believe that a prenuptial agreement may be a sensible investment, not only because it specifies a couple’s finances, but also because it can prevent a costly and messy divorce if the marriage fails.
Buying Out the Other Party
One option for divorcing couples is for one spouse to “buyout” the other’s stake in the family house. Other options include selling the house or continuing to co-own it. The custodial parent usually buys out the noncustodial parent so that the children can remain in the home. The house gives continuity and stability for the children, and you are not required to sell if market conditions are not favorable.
In any buyout, each side faces some level of risk. If the house depreciates in value in the near future, the selling spouse may miss out on potential appreciation, and the purchasing spouse may perceive the sale price as too expensive. A buyout can also be a financial strain for the spouse who is purchasing.
A progressive buyout can take place over time, with both spouses maintaining an interest in the property for a period of time — whatever arrangement you reach on a gradual buyout must be included in your legal settlement. However, the buyout is frequently done as part of the divorce settlement.
Using a Lawyer When Buying Out Your Other Party
If you’re going through a divorce in South Carolina, choosing a knowledgeable family lawyer is the greatest way to make the procedure as easy as possible, from how to buy out your spouse to either giving up your portion of retirement funds and marital assets. As much as attorney’s fees are incurred, it’s an ideal option to consider.
If you’re handling your divorce on your own, now is a good time to seek advice from a knowledgeable real estate agent or a family law divorce attorney. For the time being, absolutely understand that if you intend to sell the house in the future, you might also want to consider maintaining to hold it jointly until then to prevent losing out on closing expenses and capital gains tax.
Negotiating the Sale of a Marital Home
You and your partner should be capable of working out a solution on your own. Unless you are unable to do so, the court will have to intervene, leaving many couples feeling defeated. Consider the following five tips as you discover how to negotiate during a divorce:
1. Divorce and property split are both seen as commercial operations
Once you divorce, you are violating the terms of your marital contract. Though it may appear to be a cold way of looking at things, that is how the law sees that as well your property divide is no exception. Considering property split as a negotiation process may substantially simplify problems.
2. Be reasonable and logical
When negotiating a divorce settlement, you can’t afford to disregard the bigger picture. Viewing divorce as competition or seeking exorbitant sale proceeds might be detrimental.
3. Keep an eye out for coercive techniques
While coercive methods might be difficult to detect, if your partner is trying to apply them to you, you must stop, then back away, and reassess the process.
4. Use words that are beneficial
It’s important to be reminded that in a good negotiation, both sides “win.” When you’re trying to achieve an agreement with your partner, consider using terms that can simplify the divorce process.
5. Avoid becoming entangled in predictable events
It’s natural for divorce discussions to infiltrate your emotions. Avoid allowing your emotions to take control of the bargaining process. Whenever your partner gets upset or tries to draw you towards a fight, take a step back. Allow enough time to calm down and enable your attorney to describe the situation so that you can go forward.
Quick Solutions for Selling a Home in a Divorce
1. Disentangle the legal complications first
Before you ever consider placing your property on the real estate market, both of you should sit down and go through the financials. If you have a combined mortgage, you are both obligated to pay it off – and the best approach is to sell your property quickly and divide the earnings. However, while a divorce is pending, spouses may be compelled to make mortgage payments considered as provisional spousal support.
2. Take the time to properly prepare for the sale of the home
There are activities you can do to seek the optimal appraisal, prepare the property for view and selling, receive the greatest offer, and speed up the sale process. Begin by eliminating clutter and personal items (including family photos and mementos) from the home so that potential buyers can see themselves living there.
3. Determine the market value of the home
If you want to sell your property quickly following a divorce, you must first determine its market worth. You may accomplish this in numerous ways, including hiring a real estate agent to assess the market worth of your home or hiring a property appraiser.
4. Place the house on the market
Now that you’ve determined the fair market value of your family home, it’s time to list it for sale. If you want to avoid the added hardship of selling a property while separating, you may hire a real estate agent to accomplish it. While the list price is determined by an appraisal and the judgment of your realtor, you may not receive that price. Remember that you must pay the realtor’s fees after the transaction is completed, so this should be factored into your estimations.
Endnote
If you are divorcing or contemplating divorce in South Carolina, you should seek legal advice and consult with a law firm or an expert local divorce lawyer regarding your marital property rights. You may be unnecessarily relinquishing your rights to some property or assets if you agree to a property division through negotiation with your spouse or during mediation. However, if you are both satisfied with the outcome, there is no reason to continue the divorce proceedings.
If you are going through a divorce and looking into selling a house for cash, we are cash home buyers in Rock Hill. Tiffany Property Investments LLC prides itself on being one of the top companies that buy houses in Fort Mill. Additionally, we buy houses in South Carolina. You may also check the most expensive home sales in SC.