Carol Ann's Newsletter

March 2015

Table of Contents

1. These 3 Questions Can Save Your Relationship
2. From the desk of Carol Ann
3. Buying a House While Going Through a Divorce
4. Studies Show That Real Estate Recession Is 
     Slowing  Divorce Rate
5. Divorce Humor
6. Thought for the Day
        1. These 3 Questions Can Save Your Relationship

Kevin Voigt writes: "What's the greatest predictor that your relationship will go bust? It's not problems in the bedroom, secret lovers or conflicts over raising your kids. If you want your relationship to survive, research suggests the key is knowing how to talk about cash."  A study by Sonya Britt shows that "Arguments about money is by far the top predictor of divorce." 

 

Read more about the 3 questions that can save a relationship. 

Go to:  http://www.nerdwallet.com/blog/finance/nerdwallet-finance/3-questions-save-relationship/

 

     2. From the desk of Carol Ann

 

For the first time, I became a "snowbird" and spent 2 months traveling across Arizona.  I missed a lot of the snow up here in Colorado, but still came home to more snow!  The most frustrating thing about the trip was that most of the time I did not have access to the internet.  We get so used to it, it's almost impossible to do without it!

 

I am repeating the next two articles from a previous newsletter because they have so much to say and I was afraid some of you did not see them.


 

3. Buying a House While Going Through a Divorce

     by Gregg A. Greenstein, Esq.


 
Many divorcing couples don't have sufficient financial resources to consider buying a new home while the divorce process is happening. But for those persons fortunate enough to have good credit and what appears to be adequate income to buy a new house before the divorce is final, the home purchasing process can be a rocky road. 

Title Issues

Colorado law presumes that all property purchased by either spouse during the marriage (i.e. until the final divorce decree is entered) is "marital property. Marital property is subject to "equitable division" in a divorce case. If the husband purchases a new home to live in while a divorce action is pending, the title to the new home might be in his name only. But the court in the divorce case still has the power to order that the title to the new home be placed in the wife's name; or that the new home be sold; etc. This is because while the title might be in the husband's sole name, the new home is still considered "marital property," subject to the court's power to make orders concerning the title. 

 

Loan Qualification

During the temporary orders period when a divorce action is pending, the court may enter temporary orders for maintenance, child support, debt payments, and other matters. If a divorcing home buyer qualifies for new home financing on one day, his or her financial picture may change dramatically the next day if there is a temporary orders hearing allocating child support, maintenance, and/or debt. The temporary orders are not binding on the court or the parties for purposes of the final resolution in the divorce case, so the parties' financial picture can change again once permanent orders are entered. 


Marital Property - Increase in Value 

 Some divorcing couples reach an agreement allowing a spouse to buy a new home, while the divorce is pending. However, an agreement that a person can buy a new home, is not the same thing as an agreement concerning disposition of the new home. In order for the agreement allowing a spouse to buy a new home to be an agreement that truly allows the home to be excluded from the divorce property division process, the agreement: (1) must be in writing and signed by the parties; (2) approved by the court; (3) contain terms concerning the title and the equity; and (4) must be signed only after there has been a financial disclosure exchange. Otherwise, the agreement may be deemed invalid, and the increase in the value of the new home could be considered "marital property" subject to division by the divorce court. 

Marital Property - Furnishings

 Furnishings that are purchased for a new home are "marital property," if the furnishings were purchased prior to entry of the divorce decree. Consequently, the divorce court retains the power to equitably divide the furnishings, unless the parties have a written, signed agreement approved by the court, excluding the furnishings from the marital property division. The agreement should be signed only after there has been a financial disclosure exchange. 

 Conclusion

It is possible to buy a new home while a divorce is pending, but the process should be carefully negotiated and approved by the court. Otherwise, the new home and its furnishings may become another set of assets for the divorce court to divide.

Gregg A. Greenstein is a shareholder in the law firm of Frascona, Joiner, Goodman and Greenstein, P.C., a Colorado law firm.  His practice areas include Real Estate, Litigation, Family Law, Divorce, and Adoption.   He can be reached at contact Gregg Greenstein.

Disclaimer -- Content is general information only. Information is not provided as advice for a specific matter, nor does its publication create an attorney-client relationship. Laws vary from one state to another. For legal advice on a specific matter, consult an attorney.

4.  Studies Show That Real Estate Recession Is Slowing Divorce Rate

By Men's Family Lawyer on Jul 19 

 

When economic times are tough, millions of people tend to suffer the consequences.  One of the foundational results, or causes depending on whose opinion is sought, of the current recession is the plummeting and suffering real estate market.  When people own a home that is upside-down in value, it can place an extreme strain on the lives of those who struggle to stay current on a mortgage that is worth more than the home.  This strain, according to more than one study, is leading to a downturn in the divorce rate.

 

According to these studies, including one published by the American Economic Review, a 10 percent decrease in overall home prices leads to more than a 20 percent reduction in the number of divorces across the United States.  In addition, unemployment rose between the years of 2007 and 2010 by a factor of six percent, home values declined by almost 30 percent when considering all markets and the divorce rate fell by almost five percent.

 

Clearly, people who are already seemingly behind on their home investments and who are struggling on a month-to-month basis are always going to hesitate to become involved in a divorce.  This process can involve high legal fees, the forcing of the sale of a home that is depressed in value and the additional costs of maintaining two separate homes for the spouses and any children of the marriage.


 
When people are struggling financially, it forces them to forego things in life that they want.  Unfortunately, this phenomenon could include remaining in a marriage where everyone would be better served by moving on.  Fortunately, there are options available for a solution, and these options could include negotiated divorce settlements, divorce mediation and other types of approaches designed to provide a cost-effective and efficient dissolution of a marriage.

 

 

5.   Divorce Humor

 

"My wife and I tried to breakfast together, but we had to stop or our marriage would have been wrecked."

-         Sir Winston Churchill

 

6.  Thought for the Day

 

"The worst days of those who enjoy what they do are better than the best days of those who don't."

-         Jim Rohn

 

 

Carol Ann Wilson,LLC 
Financial Divorce Specialist
906 Cranberry Court
Longmont, CO 80503
720-600-5134


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