Jason B. Swanson Attorney at Law

03/07/2019

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09/19/2018

This is why I always go through every Order with my clients even if they are Agreed Orders. I also remind clients that if you have children both parents have rights.

04/11/2018

Wisdom Wednesday!!!

If you and your spouse are divorcing and their is a marital home, the best alternative is to sell the home and split the proceeds. Let me expound that...

Read Below....

Too many couples get caught up in the fact that they do not want to move or have a personal connection to the home. Especially if there are minor children involved. The major pitfall in awarding one spouse the home is that if it is not done properly one or both parties can suffer serious consequences.

Example 1: Jack and Jane decide to purchase a home, but they decide Jack will apply for the mortgage alone because of credit worthiness. Well now Jane is awarded the home in the divorce, even though husband’s name is on the mortgage. Now Jane is staying in the home and not making the mortgage payments for whatever reason. Jack was under the impression that he was off the hook for the house mortgage payment. Unfortunately, he is the only person under contract with the mortgage company and the only way to change that would be for Jane to refinance or for the home to be sold.

Example 2: Jack and Jane both sign the mortgage. The pair are back in a similar situation because the person who is not awarded the home will still be responsible for those payments. Not to mention their credit could suffer if those payments are not made on time.

Selling the home presents its own issues. Such as the housing market at the time and the amount of time it might take the home to actually sale. So it is a balancing act will change depending on the couples situation.

This is just one of the pitfalls that I see couples make while divorcing. This post is not to be construed as legal advice and you should contact me directly at (281) 783-9290 and schedule a consultation.

04/07/2018

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