Thursday, May 17, 2012

Getting disunion in Fort Lauderdale? Things You Must Know to Avoid Disaster

Quit Claim Deed Divorce - Getting disunion in Fort Lauderdale? Things You Must Know to Avoid Disaster
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When a join decides to part ways, they will have to go straight through one of the most emotional times of their life. Not just that they will be parting with there once concept soul mate, but now they have to figure out how to live on a singular income, where they are going to live, how to preserve their reputation and how to restructure their financial future.

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It is best to start with the largest asset, which is normally their home and is the foundation of their finances. Now there are some questions that must be addressed concerning the house. Such as:

- Should you sell or refinance
- What is the appraised value of the house
- Who will stay with the home and how the other spouse will be compensated for their quantum of the equity.

All these questions can only be answered on a case by case basis as no 2 separation cases are exactly the same.

If there is no mortgage on the home, then it's a matter of having a quit claim deed drawn up by your attorney to change title to the spouse holding the home. From there the spouse that is holding the home will whether need to do a Equity Loan, Line of reputation or a refinance. The equity loan or line of reputation will be the most cost efficient as a lot of them have wee or no end cost involved. The purpose of this loan is to compensate the other spouse for their quantum of the accumulated equity in the property.

Now one quick note that is prominent to understand, if there is a mortgage on the home and both spouses are responsible for the monthly payments of the mortgage, then this mortgage must be paid off whether straight through a refinance or a sale.

In Fort Lauderdale, a quit claim deed will only change title, it will not release the non occupying spouse from the compulsion of the mortgage. The only way to do this will be to pay off the existing mortgage, normally straight through a refinance.

Now one of the most base mistakes in Fort Lauderdale is the non occupying spouse agrees for the spouse staying in the home to refinance after the separation is complete.

Big No No... This needs to concluded Asap before the separation proceedings is complete. Doing this is the early part of separation will impart some very prominent factors such as whether or not the occupying spouse can qualify for a loan on their own to release the non occupying spouse from the mortgage obligation, if not they the best bet may be just to sell the house. Or if the occupying spouse admittedly wants to keep the property then the help of a superior mortgage scholar can help structure this, such as adding a family member to the loan the assist the occupying spouse with qualifying for the loan.

If the separation process is complete and the occupying spouse cannot qualify, then the non occupying spouse will still have the debt compulsion and if the occupying spouse makes any payments late or worst goes into foreclosure this will sway the non occupying spouse's reputation adversely. This could sway the non occupying spouse ability to qualify for a new mortgage for buying a new home.

A base question in today's Fort Lauderdale shop is declining values. Couples reasoning of separation in Fort Lauderdale are looking themselves with a home that is upside down in value and no one wants the house. One clarification to this is to let the judge make the decision or if you are willing to take a reputation blemish then a Short Sale can be a clarification to selling a property that is upside down.

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