The market value of your home simply should be a value that is agreed upon by you and your spouse. There are some online tools you can use to help you make this valuation.
Divorce Questions
Answers to Frequently Asked No-Fault Divorce Questions
Does a Spouse Give Up Rights to Personal Property if He or She Moves Out?
A person does not give up his or her property rights because of a move to a new location. So in most instances, a spouse would not lose ownership claim to items like furniture, clothing, jewelry, electronics, etc. simply for moving out of the residence.
Can My Spouse and I Divorce But Still Live Together Due to Financial Constraints?
In most states, an actual physical separation is a required element of a divorce. Typically, divorce courts require a husband and wife to establish separate residences, although courts do give a bit of consideration to extreme circumstances. Questions like this and other life and family considerations are detailed in the overviews and instructions contained within … Read more
Can a Divorced Person Sell a Home if the Ex-Spouse’s Name is Still On the Deed?
Sometimes a person can gain full ownership rights to a home from a Separation Agreement or a Divorce proceeding. But what if the Deed to that home still shows both names of the divorced couple on it, and the newly single owner wishes to sell it?
If I Divorce, Is My Current Last Will and Testament Still Valid?
An existing Last Will and Testament is valid until the maker creates a new one. If you wish to change the listed beneficiaries in your Last Will and Testament because of a Divorce, simply create a brand new Will document then have it notarized. To easily and affordably create a new Will document without the … Read more
Can I Create an LLC to Pass My Assets to My Children without Estate Taxes or Loss Through Divorce Settlements?
Remember, ‘Ask Standard Legal’ was created to respond only to ‘questions of fact’ for the legal topics listed at the left. So it follows that we cannot respond with suggestions on how a person might structure something or how to proceed; that’s the very definition of legal advice. You can certainly create an LLC at … Read more
If We Married in One State But Now Each Live in Different States, Where Do We File Divorce?
The issue of “residency” is important in determining where a couple may file its Divorce case.
In order to start the No-Fault Divorce process, a couple must agree fully to the terms of the divorce, and then file a fully executed complaint in the proper court — where either you or your spouse lives.
Does Standard Legal’s No-Fault Divorce Allow for a Name Change by the Wife?
For those states whose dissolution process permits such a name change, yes, Standard Legal’s No-Fault Divorce legal forms software (for couples without children) provides the language necessary for the wife to revert to the legal use of her maiden name after the uncontested divorce process is completed.
How Do I Remove Myself from an Ex-Spouse’s Mortgage Contract?
On occasion in a pro se Divorce or Separation, one spouse will quitclaim their house to the other spouse as part of the agreement. But many times in this situation, the couple does not adjust the mortgage contract for the property, as doing so can sometimes invalidate the mortgage and/or require a balloon payment on the balance.
If a Divorcing Couple Bought a House but Only One Spouse Signed, Must Both Pay the Mortgage?
The laws of most states follow that only those who sign a mortgage note are obligated to make payments on it.
But this is not to suggest that the court might not apply different or varying obligations on the parties should a divorce action be filed — especially if there is a disagreement between the parties on the subject.