It can be extremely difficult to sell your home during a divorce in Montreal. Emotions can run high during a divorce. Chances are someone will want to destroy the house at some point. In reality, emotions eventually subside and we all become mature adults again.
When it comes to divorce proceedings, the courts usually push us to act as adults more quickly than we’d like. Keep the house in good condition, because if you have to sell, you want to get the best price. What’s more, you don’t want your ex-spouse to claim that you damaged the property and your share of the sale to be given to him in exchange for a passing pleasure.
Agreeing to sell and share
One of the most common ways to divide assets in a divorce, especially a house, is to put it on the market, sell it and divide the profits equally between the two of you. This is a common practice, especially if there are no children in the picture. It simplifies things by eliminating the current mortgage. What’s more, selling quickly speeds up divorce proceedings. However, if the real estate market is slow, this could drag things out and take longer than you’d like.
Talk to a real estate agent. Get an honest estimate for your Montreal home.
Find out what you need to spend to get a better selling price. Negotiate the agent’s fees and commissions in order to get the most out of the sale, and do a market analysis so that you have reasonable expectations regarding the sale.
Preparing your home for sale in Montreal
Do your best as a couple to clean the house and make it presentable. Remember that you both have a stake in the success of the sale. Declutter your home and create the impression of a happy family. Continue to mow the lawn regularly. And if you really want to make selling easier, tackle that to-do list you’ve been avoiding for so long.
Your ex-spouse will be scratching his head wondering why you couldn’t do it before, and you’ll know that you’ve just increased the value of your home. It’s amazing how you can win like that.
The next house
If you’re selling the family home and are going to buy a new one, be sure to discuss it with your real estate agent to ensure that the sale and purchase are coordinated. Divorces are blocked by the court and home sales are blocked for a million reasons. You don’t want to be stuck with the mortgage on a new home if things don’t go as planned.
Be honest with lenders and start the process as early as possible. Although you should make sure you’re well prepared, don’t make any commitments until you’re really ready to embark. Repeatedly granting new loans can damage your credit rating.
One of the two retains ownership
Although this option is more common when children are involved (to provide them with a stable environment), it is a viable option in any divorce if both agree. In this case, you decide to buy your future ex’s house. He will then agree to transfer his rights to the property to you, and will complete a quitclaim deed. For your part, you agree to take over the entire mortgage and buy out your ex’s share with your own money.
To purchase your spouse’s mortgage, you need to contact the lender, explain that you are divorcing and request that the mortgage be transferred to your name. In all likelihood, lenders will approve you and you’ll be able to buy the house on your own. Be sure to document all your income, including alimony (if applicable).
If the lender won’t let you take over the loan, you’ll have to apply for refinancing. If interest rates are lower, this may not be a bad scenario. Once again, this is a loan application. All income and credit requirements must be met to qualify.