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couple selling a house during a divorce in louisiana

Selling A House During a Divorce in Louisiana

Get a fair cash offer from a trusted home buyer in a difficult time.

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Are you selling a house during a divorce in Louisiana? We buy houses for cash and provide a stress free process and avoid the headaches of agreeing on a realtor and making repairs… Get the home sale over with fast. Fill out the form below or call or text Louisiana Direct Home Buyers at (504) 732-1988.

Selling a House While Going Through Divorce?

selling a house while going through divorce louisiana
Talk about the house early and get good information.

Divorce is stressful enough without having to divide your assets, including your home. Negotiating with your spouse whether to sell the house or not is complicated and can take months. Often the best decision for both is to sell the home and divide the proceeds and move on.

Selling during divorce is much like a typical sale. Selling the house with an agent is a lot of work that involves agreeing on terms while the house is shown to the public and strangers are walking through the house. Selling your house to an investor during a divorce is more simple and speeds up the process. In either case, after the deal is closed, the cash is split between the couple, usually 50/50 as community property in Louisiana.

If you’re going through divorce we’ll help you understand our sales process. We recommend you seek out a Louisiana family law attorney to advise you on the best decision for you.

What Happens to Your House in a Divorce Louisiana?

what happens to your house in a divorce in louisiana
Major changes happen to real estate ownership in a divorce. Educate yourself on the details.

Your house is an asset of financial and emotional significance. The house is also a large asset difficult to split. Usually one spouse wants to continue to raise the children in the house. Either party retaining the house is often infeasible. Divorcing spouses often have three options when dividing their property:

Option 1: Buy Out Your Spouse

One spouse pays the spouse the value of their share of the property, allowing them to assume sole ownership. The house usually is often refinanced to fund the buyout.

Option 2: Co-Own the House with a Deferred Sale

Sometimes divorcing spouses continue to co-own the home for a specified period, delaying its sale until a later date. For example, if minor children are involved in joint custody, one spouse might live in the house with the kids until the youngest is 18 years old. The couple then sells the house. The divorce agreement will specify responsibilities, financial and otherwise, for home maintenance and mortgage payments.

Option 3: Sell the House

Selling the house and other large assets is a simple way to produce cash that can be distributed between the spouses. This option is often chosen when neither spouse wants the home or if selling is the most practical solution. However, divorcing spouses have sentimental and familial reasons for feelings must navigate.

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Who Gets the Family Home in a Louisiana Divorce?

Who Gets the Family Home in a Louisiana Divorce
Plan ahead on selling the house during a divorce.

According to DivorceNet.com, in a Louisiana divorce, the spouse with temporary custody of the children often is allowed to stay in the family home with the kids until 180 days after the divorce is final or the couple’s property has been divided. The judge, of course, will look at each spouse’s economic status, and the needs of the children.

On who gets the family home after the divorce is final, Louisiana law favors neither spouse. If the couple can’t agree on who gets the house, the judge will decide based on specifics of your case. When the house is awarded to one spouse, typcially different assets are awarded to the other to balance out the value.

Many times there aren’t enough other assets to equal the value of the house, and the judge may simply order the house to be sold, enabling the equal split.

If you don’t want a forced sale, you’d be wise to work out an agreement with your spouse after exploring a sale of the house to Louisiana Direct Home Buyers.

Do I Have to Sell My House in a Divorce Louisiana?

Do I Have to Sell My House in a Divorce in Louisiana
Understand the advantages of selling before the divorce is final.

If the divorcing couple is undecided about whether or not to sell the house, there are several reasons why selling is typically the preferred option. When facing this situation in Louisiana, it’s crucial to consider the following factors:

a. Potential Legal Battles

When it comes to the marital home, it’s common for both parties to have contributed to its purchase, even if not equally. This often leads to both individuals desiring to retain ownership of the property.

In situations where one spouse wishes to sell the house while the other intends to keep it, reaching a mutually agreed-upon resolution is crucial.

Engaging in legal disputes can further complicate the divorce proceedings. Failing to reach a settlement may result in a court decision that neither party is satisfied with.

If the divorcing couple opts to sell the property, they can mitigate significant stress by avoiding protracted legal conflicts. While selling the house involves time and effort, it allows the couple to divide the proceeds and start anew. And as we mentioned above, selling to a cash home buyer like Louisiana Direct Home Buyers can be the easiest way to handle the sale.

b. Increased Financial Liability

When going through a divorce, the spouse interested in retaining the property must engage with the lender to explore financing options based on a single income. If the lender determines that the intended sole borrower may struggle to meet payments, approval for sole ownership may be denied.

Moreover, if one spouse ceases mortgage payments, the other remains accountable, risking foreclosure if full payments are not met. Banks are usually not receptive to removing individuals from joint loan agreements.

Opting to sell the property can help avoid these complexities.

c. Benefits of Selling for Financial Reasons

When neither party intend to reside in the house, selling the family home before the divorce can provide a sound financial solution. The proceeds can be divided per the court’s fair assessment.

For a comprehensive understanding of the financial implications of your choice, it is advisable to consult with a knowledgeable attorney specializing in taxes, tax law, capital gains tax, and other financial aspects pertaining to divorce.

Sell Your New Orleans House to Louisiana Direct Home Buyers

Selling My House During a Divorce in Louisiana: Real Estate Agent or Sell Direct?

Selling My House During a Divorce in Louisiana with a Real Estate Agent or Sell Direct
Discover the difference between selling with an agent vs. selling direct. Learn the caveat to avoid.

Selling Your House with an Agent. There are several key factors to consider when selling your house with an agent.

  • Commissions/Fees:
    AGENT: 6% on average is paid by you, the seller
    INVESTOR: NONE
  • Who Pays Closing Costs?:
    AGENT: 2% on average is paid by you, the seller
    INVESTOR: NONE – We pay all costs
  • Inspection & Financing Contingency:
    AGENT: Yes, up to 15% of sales fall through
    INVESTOR: NONE
  • Appraisal Needed:
    AGENT: Yes, sale is often subject to appraisal
    INVESTOR: NONE – We make cash offers
  • Average Days Until Sold:
    AGENT: +/- 91 Days
    INVESTOR: IMMEDIATE CASH OFFER
  • Number of Showings:
    AGENT: It Depends
    INVESTOR: One Showing (Just Us)
  • Closing Date:
    AGENT: 30-60 +/- days after accepting buyers offer
    INVESTOR: The Date Of YOUR CHOICE
  • Who Pays For Repairs?:
    AGENT: Negotiated During Inspection Period
    INVESTOR: NONE – We pay for all repairs
  • Profit:
    AGENT: More profit, longer timeframe, less convenience and certainty
    INVESTOR: Less profit, shorter timeframe, more convenience and certainty

Caveat: Some sellers get a referral for a real estate agent from their divorce attorney. But a listing agent recommended by a divorce attorney might not be the best choice. Here’s why. If the attorney and agent refer work back and forth (“scratching each other’s back”), the realtor might prioritize their relationship with the lawyer against your best interests. Especially when they’re trying to secure future referral business. You want to avoid these types of real estate agents at all costs. Look for a real estate agent with experience in divorce situations.

How to Sell a House During a Divorce With a Realtor in Louisiana

How to Sell a House During a Divorce With a Realtor in louisiana
Get prepared for many decisions if you are selling your house in divorce with a real estate agent.

1. Hire Real Estate Professionals

You will want to hire a real estate agent (see caveat above), a real estate attorney and a divorce attorney that can be watching out for your interests. It’s best to consider reaching out to them early on. Your real estate agent should have experience in handling property sales during divorce to ensure you avoid lowball offers.

2. Decide Whether To Make Home Improvements Or Sell As Is

Both parties should take time to agree on whether any home improvements are needed or it’s best to sell the home as is. If improving the home is the choice, you must decide with your spouse how improvements will be financed, and which spouse will be in charge.

3. Get A Home Appraisal

After you’ve decided on whether any home improvements are necessary, it’s time to hire an appraiser. A home appraisal will provide you and your spouse an idea of how much your home is worth, making it easier to decide on a listing price.

4. Agree On An Asking Price

The spouses should agree on the asking price for the house. It should be based on the fair market value of the property. The spouses need to prepare for agreeing when to lower the asking price if necessary. After the original asking price is set, the realtor will put the house on the market. This can affect their other divorce negotiations, so the real estate attorney and the divorce attorney should be knowledgeable of what’s going on.

5. Close On The Deal

Once your property is listed, interested buyers will begin to explore the home. When you receive a suitable offer, you will proceed with the closing process to finalize the real estate transaction. The home sale should not be closed unless the offer is accepted by both, not just one spouse. Otherwise the divorce proceedings can hit an unwelcome snag.

Completing a mortgage closing successfully depends on various factors, making it vulnerable to potential delays or interruptions. Possible issues during the closing process include: 1) Financial issues due to a low credit score, debt-to-income ratio, and even the lender’s discretion; 2) Appraisal issues that prevent the financing depending on how much the buyer can afford; 3) Home inspection issues, where many times overzealous inspectors scare away buyers and prompt the buyer to demand unreasonable repairs; and 4) Title issues, which can appear out of nowhere even on stable properties. Be sure to communicate with your real estate agent on all these subjects.

6. Split the Proceeds from the Sale

Once the closing is complete, you’ll split all the proceeds from the house sale with your spouse. Usually, the escrow company will handle distribution of the funds to both parties. Account for the mortgage, taxes, real estate agent, closing costs, etc. If the division of profit isn’t acceptable to each side, more complicated legal issues in the divorce proceedings can arise. Be sure to consult your attorney regarding how the cash is handled. This might be a critical point in your divorce proceedings.

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Pros and Cons of Selling a House During Divorce in Louisiana

Pros and Cons of Selling a House During Divorce in Louisiana
Do your research to make the best decision.

The pros and cons of selling a house during divorce in Louisiana is largely dependent on what the couple jointly thinks is best for them.

Selling Before the Divorce. Selling your home before finalizing a divorce can offer financial advantages, such as having liquid assets and reduced tax liability. When a couple has resided in the property for an extended period, both parties typically meet the criteria for the full $250,000 per person exclusion for capital gains taxes. Proceeds from the sale can be used to settle debts and secure new housing for each individual.

Selling During the Divorce. Going through a divorce can be a costly process, potentially leading to significant debt from legal fees and shared expenses. Selling the home before the divorce is finalized can offer financial protection for both parties. This strategy can provide funds to support the divorce proceedings, especially when other factors cause extensive negotiations for a fair settlement.

Additionally, selling the home prior to the divorce or separation conclusion allows the couple to benefit from filing taxes jointly as “married filing jointly,” reducing the tax burden associated with the property sale.

Selling the House After the Divorce. If the sale of the house occurs after the divorce, only one person takes charge in overseeing the sale. This simplifies potential conflicts that arise when making decisions, but couples may wish to sell the home while each can have input.

For many couples, especially those with children living at home, the couple chooses to delay selling the property until a more opportune moment. In certain instances, the individual who retains the home post-divorce may opt to buy out the other party’s stake in the property to facilitate a seamless sale. This can lead to complicated family dynamics. There are also tax implications the couple should be aware of. We recommend, of course, consulting your attorney.

If You Agree on Selling Now. If both agree on selling the house before the divorce, the sales process is still the same. The couple can divide the proceeds under mutual agreement. Whether the couple agrees or not, Louisiana Direct Home Buyers can still make an offer so you’re closer to marking that off your list.

How to Divide the Profit From a House Sale During Divorce Louisiana

Dividing the proceeds from the sale of a home during a divorce can be a complex process that hinges on factors such as mortgage debt, outstanding liens (e.g. unpaid property taxes), and the terms of the divorce agreement. Louisiana is a community property state, and profits are typically evenly distributed between both parties. But exceptions may apply for one spouse who made the mortgage payments and paid for the upkeep until the divorce was settled.

From Our Experience

selling my house during a divorce louisiana
We urge you to take care of yourself in this difficult time.

Throughout the course of our business, we have worked with many clients going through a variety of personal struggles, such as divorce. Divorce is difficult enough in itself without also having to think about selling your largest asset – your home! Fortunately, we are experienced in this type of situation and can make this process as smooth as possible.

Here are some things to keep in mind while selling your house:

  • Take care of yourself. Get help from a friend who will not only listen, but will help keep you accountable to do what you need to do. It’s important to have support through this process.
  • Know your title and mortgage. Be sure to have a clear understanding of what each entails with your attorney and the judge presiding over the proceedings so that there are no surprises.
  • Keep good records. You don’t have to be a sophisticated lawyer, just keep a copy of everything in a safe place.
  • Hire a real estate person familiar with divorce. If you are unsure whether to list with an agent or sell directly to a buyer like Louisiana Direct Home Buyers, see our Direct vs Listing page, where we compare the options.
  • Take everything assigned to you when you move out. Make as clean a break as possible. Although painful, it’s better for both parties emotionally and legally. If it’s your spouse moving out, collect their things and store it separately.
  • Do your own investigation. If you’re not sure who is on the title and mortgage, ask your attorney. You can also visit your county clerk’s office online and ask to see the records tied to your property.

Louisiana Direct Home Buyers is here to listen and help make selling a house while going through divorce as painless as possible, allowing you to move on. We can go through all your options and help you make the best decision for your unique situation. Fill out the form or call TODAY. (504) 732-1988

Becky’s Promise

Louisiana Direct Home Buyers is a cash home buying company that does it right.

becky's promise about buying houses for cash in Louisiana
best home buyer in Louisiana

I have learned over the years that keeping your word is the most important thing you can do when doing business with people. I have raised a large family and watched my kids achieve things greater than me. I helped my husband grow an engineering firm from 1 person to 65 as the controller and CFO. And I have been investing in real estate for ten years. Throughout my life I have confirmed what my dad always told me, “your life is as good as your word, keep your word!” My promise to you is to treat you fairly and respect and value your time. There is no obligation in working with me. I’ll give you a 100% FREE cash offer for your house, and you have no obligation to accept it. We are straight shooters. Feel free to call today. It’s an emotional decision to sell your house to us. I’ll make it as easy as I can for you. 🙂

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sell my house during a divorce in louisiana
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