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Can You Use an Online Service if You Own Real Estate or a House?

Owning a house does not automatically mean you cannot use an online divorce document service.

However, real estate can make a divorce more complicated because the spouses must deal with both the property itself and any mortgage, liens, or other financial obligations connected to it.

Online divorce services can prepare divorce documents based on the information provided by the spouses. They generally do not replace a real estate attorney, mortgage lender, title company, or other professionals involved in transferring property or changing a mortgage.

The key question is whether both spouses already have a complete agreement about the house and can safely document that agreement.

The Short Answer: Using Online Divorce with Real Estate

An online divorce service may be an option when:

  • Both spouses agree on what will happen to the house.
  • They agree on the home’s value.
  • They agree on who will keep or sell the property.
  • They agree on how the equity will be divided.
  • They understand who remains responsible for the mortgage.
  • There are no major disputes about ownership.
  • There are no complicated liens or title problems.
  • The online service supports the type of divorce and property situation involved.

But there is an important distinction.

A divorce agreement and a mortgage are not the same thing.

A divorce judgment can assign responsibility for a mortgage to one spouse. However, that does not automatically remove the other spouse from the loan agreement. The CFPB explains that a divorce decree can allocate a debt between spouses without changing the creditor’s rights against someone whose name remains on the loan.

The same issue applies to the house itself.

Changing ownership of the property may require a separate deed or other recording process under applicable state and local rules.

How Online Platforms Handle Property Division

Most online divorce services collect information about property through their questionnaires.

Typical questions may include:

  • Do you own real estate?
  • Who owns the property?
  • What is the property address?
  • When was it purchased?
  • What is its estimated value?
  • Is there a mortgage?
  • What is the approximate mortgage balance?
  • Who will keep the property?
  • Will the property be sold?
  • How will the equity be divided?

The resulting divorce documents can then describe the agreement between the spouses.

However, the online divorce paperwork is only one part of the process.

The spouses may still need to deal separately with:

  • Deeds.
  • Mortgage documents.
  • Loan assumptions.
  • Refinancing.
  • Liens.
  • Property taxes.
  • Home equity loans.
  • Closing costs.
  • Title records.
  • Real estate closing documents.

This is why consumers should check exactly what a particular online service includes before purchasing.

When One Spouse Keeps the House and Buys Out the Other

A common arrangement is for one spouse to keep the house.

For example:

  • The house is worth $400,000.
  • The mortgage balance is $250,000.
  • The estimated equity is $150,000.
  • One spouse keeps the property.
  • The spouses agree that the other spouse receives $75,000 for their share of the equity.

This is often called a buyout.

The divorce agreement can state that one spouse receives the property and that the other receives a specified amount or other property in exchange.

But the mortgage creates another issue.

If both spouses are borrowers on the mortgage, transferring ownership does not automatically remove the departing spouse from the mortgage. The CFPB specifically warns that removing someone from the title does not remove that person’s responsibility for the mortgage.

Depending on the loan and circumstances, the spouse keeping the house may need to:

  • Refinance the mortgage.
  • Assume the existing mortgage if permitted.
  • Request a release of liability.
  • Continue the existing mortgage while both parties remain liable, if they agree and the lender permits the arrangement.

Fannie Mae also notes that refinancing is not necessarily the only option after divorce. Some borrowers may be able to assume a mortgage and request a release of liability, subject to the applicable requirements.

When You Agree to Sell the House and Split the Profits

Another common arrangement is to sell the home.

The spouses may agree that:

  1. The house will be listed for sale.
  2. The mortgage will be paid from the sale proceeds.
  3. Selling and closing costs will be paid.
  4. Any remaining equity will be divided according to their agreement.
  5. The spouses will divide the remaining proceeds.

For example:

Item Amount
Sale price $450,000
Mortgage payoff -$260,000
Selling and closing costs -$30,000
Remaining equity $160,000
Example 50/50 division $80,000 each

The actual calculation can be more complicated.

There may also be:

  • Property taxes.
  • Home equity loans.
  • Liens.
  • Repairs.
  • Real estate commissions.
  • Closing costs.
  • Outstanding utilities.
  • Tax considerations.

The CFPB notes that when co-borrowers sell a home, the mortgage generally needs to be paid from the sale and the remaining proceeds can then be divided.

Extra Legal Forms Needed for Real Estate Transfers

One of the biggest mistakes consumers make is assuming that the divorce decree itself completes every part of a property transfer.

It may not.

The exact requirements depend on the state, county, property, and circumstances.

Deed Transfer Forms

If one spouse is transferring their ownership interest to the other, a deed may be required.

Depending on the jurisdiction, this could involve a specific type of deed and additional recording requirements.

The process may include:

  • Preparing the appropriate deed.
  • Signing the deed.
  • Obtaining notarization where required.
  • Completing required transfer forms.
  • Paying applicable recording fees.
  • Recording the deed with the appropriate local office.
  • Confirming that the public property record has been updated.

An online divorce service may or may not prepare these documents.

Consumers should therefore ask:

Does the service prepare the deed, or does it only prepare the divorce documents?

That distinction can be significant.

Refinancing Agreements and Mortgage Responsibility

A deed and mortgage solve different problems.

A deed generally deals with ownership of the property.

A mortgage deals with the loan secured by the property.

Removing someone’s name from the deed does not automatically remove them from the mortgage.

For example, assume both spouses are borrowers.

The divorce agreement says:

Spouse A receives the house and assumes responsibility for the mortgage.

That provision may establish the spouses’ agreement with each other.

It does not necessarily release Spouse B from the lender’s loan contract.

The CFPB states that divorce does not automatically change a person’s responsibility for a joint debt.

This is particularly important because missed mortgage payments can affect both borrowers if both remain legally responsible for the loan.

When Owning a Home Requires a Mediator or Lawyer

An online divorce service may be less appropriate when the spouses do not have a complete agreement about the property.

Professional legal or mediation assistance may be useful when there is disagreement about:

  • The home’s value.
  • Who should keep the house.
  • The amount of a buyout.
  • Mortgage responsibility.
  • Separate versus marital property.
  • Ownership percentages.
  • Property acquired before marriage.
  • Contributions made by one spouse.
  • Home equity loans or HELOCs.
  • Liens.
  • Tax consequences.
  • A pending foreclosure.
  • Hidden debts.
  • A business connected to the property.
  • Whether the property should be sold.

A lawyer can also review whether the proposed agreement properly addresses the legal issues that apply in the relevant state.

A mediator may help when both spouses want to reach an agreement but are having difficulty resolving specific property issues.

This does not mean every homeowner needs an attorney.

A straightforward case where both spouses completely agree can be very different from a disputed real estate case.

Checklist for Handling Property in an Online Divorce

Before using an online divorce service while owning a home, review the following checklist.

Property Information

  • Confirm who is listed on the property title.
  • Confirm the property address.
  • Determine the approximate current value.
  • Obtain the current mortgage balance.
  • Check for a second mortgage or HELOC.
  • Check for known liens.
  • Determine whether either spouse claims separate ownership.

Decide What Happens to the House

  • One spouse keeps the house.
  • The house will be sold.
  • Both spouses temporarily retain ownership.
  • Another arrangement has been agreed upon.

If One Spouse Keeps the House

  • Agree on the property’s value.
  • Calculate the approximate equity.
  • Determine the buyout amount.
  • Decide who pays the mortgage.
  • Contact the mortgage servicer.
  • Determine whether assumption is available.
  • Determine whether refinancing is necessary.
  • Determine how the departing spouse will be released from mortgage liability.
  • Determine what deed or recording documents are required.

If the House Will Be Sold

  • Agree that the property will be sold.
  • Decide who will make mortgage payments before closing.
  • Agree on how sale costs will be handled.
  • Determine how the mortgage will be paid at closing.
  • Decide how remaining equity will be divided.
  • Address liens and other debts secured by the property.

Before Filing the Divorce

  • Make sure the divorce documents accurately describe the agreement.
  • Check whether additional property documents are required.
  • Confirm the online service covers your state.
  • Check whether real estate forms are included.
  • Read the service’s pricing and refund terms.
  • Understand what the service does not provide.
  • Consider professional advice if the property situation is disputed or unusually complicated.

Can You Still Use an Online Divorce Service?

Yes, owning a home does not automatically prevent you from using an online divorce document service.

The important issue is the complexity of the property situation.

An uncontested divorce where both spouses agree on the house can be very different from a case involving disputed ownership, complicated financing, liens, or disagreements about the home’s value.

The biggest point to remember is that divorce documents, property ownership, and mortgage responsibility are separate issues.

An online service may help prepare the divorce paperwork, but consumers should verify whether it also handles deeds, property transfers, mortgage-related documents, or filing requirements.

If you and your spouse have already agreed on what happens to the house, an online service may still be a practical way to prepare your divorce paperwork. Before choosing one, it helps to check whether its package covers property-related documents or only the core divorce forms, and resources like https://divorceservicesreviews.com/ make those differences easier to spot. Knowing what’s included upfront can save you from surprises when it’s time to transfer the deed or sort out the mortgage.

For cases involving real estate, document coverage deserves particular attention. A service that prepares the divorce forms may not handle every document needed to transfer ownership or change responsibility for a mortgage.

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