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This content is for informational purposes only and is not intended to provide legal advice.
If you’ve agreed with your partner that separating is the best idea and are about to go through a divorce, you may be thinking about selling your home. The process may seem overwhelming, and you may be unsure how to proceed. However, you’ve got several key steps you can complete to make the process easier. In this article, we’ve provided the key facts you need on selling a house when going through a divorce and why knowing how to write a divorce settlement agreement is essential.
What Are Divorce Settlement Agreements, and When Are They Important?
Divorce settlement agreements, also known as divorce agreements or marriage settlement agreements, are contracts established and signed by you and your partner to divide any previously shared property and assets. You can write a divorce settlement agreement to settle custody setups and custody of your children.
A divorce settlement agreement is essential when you need to split bank accounts, financial disputes, spousal support, or property division because they are legal documents that establish conditions to resolve these issues.
After Signing, Can You Make Changes to Property Arrangements in Divorce Settlement Agreements?
No, you cannot make any changes to a divorce settlement agreement related to property after signing it. The marriage settlement is final if you agree to a financial split related to property. You can only make changes if you and the other party agree to modify it. In this situation, another agreement may be required.
How Can You Agree on Which Property Selling Price to Include in a Marriage Settlement?
It’s crucial to agree with the other party when establishing the property selling price you wish to include in the marriage settlement. Compromise may be an essential way to agree on the property selling price, but you may find this difficult if you’re hoping to arrange a fast sale. Still, there may be circumstances where you disagree. In that case, you may consider your estate agent’s opinion.
Do You Need to Go Through the Courts When Selling a House During a Divorce?
The divorce settlement agreement you write doesn’t necessarily have to go through the courts. However, if you or the other party does not wish to comply with the obligations set out in the agreement, you or the other party may file the agreement with the courts. This process is to reinforce the divorce settlement.
Which Factors Should You Incorporate Into Your Divorce Settlement Agreement?
When writing a divorce settlement agreement, you should incorporate a few key factors into your legal document.
- Date the divorce settlement was established – include the date you established the divorce settlement
- Property division section – include a section on the division of property and assets between you and the other party
- Custody of children – include a section that mentions the custody and child support arrangements for your children
Which Methods Should You Use to Write Your Divorce Settlement Agreement for Property?
A couple of methods you should use to write your divorce settlement agreement for the property include being specific, deciding on the details, and covering specific topics.
How can you be specific when writing a divorce settlement agreement for property?
When writing a divorce settlement, include specific dates that outline when the transactions must occur. For example, instead of saying, “Samuel must pay Lisa half of the value of the property,” write, “Samuel must pay Lisa half of the value of the property within two weeks of the sale of the property.”
How can you decide on the details when writing a divorce settlement agreement for property?
The best way to decide on the details when writing a divorce settlement for the property is to agree with your spouse before writing it. Both of you are responsible for deciding the conditions.
How can you decide on specific topics when writing a divorce settlement agreement for property?
To decide on specific topics, familiarize yourself with the laws of your state. If you’re unsure about the laws, you may consider consulting a lawyer to check the marriage agreement for the property before finalizing it.
Which Similar Document Might You Need to Settle Property Splits During a Divorce?
One of the similar documents you might need to settle property splits during a divorce includes a warranty deed. A warranty deed is ideal for checking that your property has no liens at the time of sale.
Selling a House When Going Through a Divorce: Don’t Forget These Points
Selling a house when going through a divorce can be stressful. Make the process simpler by remembering what important points to include, such as the date of the settlement’s establishment and a property division section. Be specific with the details and check with lawyers if you have any doubts before finalizing.
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