How is a house split in a divorce?

How is a house split in a divorce?

In a divorce to whom the house belongs

A divorce is a complex and delicate subject due to many issues. During a separation process there are two issues that are of special concern: the children (if any) and the real estate that the couple or marriage may have acquired.

Regarding the real estate, we can advise as experts in the real estate sector. As we know that it is a complex matter we will try to solve all the doubts that may arise and, in addition, show a real case of sale and purchase of a property in Asturias in a divorce.

Finally after 3 months of negotiations and, above all, having to gain the confidence of the woman, we closed an agreement that consisted of her selling us her part for 80.000€ and we gave her 9 months to find another apartment, paying us a rent of 400€.

After carrying out all these tasks we hired a trusted real estate agency in Gijón “Agencia Domingo” to manage the sale of the apartment. After a few months we finally sold it for 126.000€.

As you have been able to see an expert in real estate purchases will always get effective solutions for any problem to end up being solved in the best way, as in the case of a distribution / sale / purchase of housing in Asturias in a divorce.

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How are the assets distributed in a divorce in Mexico?

At this point, and returning to the two big questions raised in relation to what happens with the children and what happens with the real estate, we must indicate that, in the questions relative to the minors, what is granted in the marital contracts must be validated by the judicial authority, because the interest of the minor will always prevail before what the parents have agreed in the contracts.

However, those marriage contracts that regulate the patrimonial consequences of the breakup will be fully effective and valid. That is to say, the spouses will be able to foresee in advance the distribution of assets at the time of divorce.

For the cases of shared guardianship and custody of the minors or in those cases in which there are no children, the use of the house can also be granted, although it is for a determined time, in favor of the spouse with less purchasing power.

A different question and that many times is also raised is what happens if the house is in the name of both spouses and there is a mortgage in the name of both. There is the possibility that the right of use is granted in favor of one of them, however, there is the obligation of both of them to continue paying the mortgage at 50% even though one of them does not reside in the same one. In any case let us remember that the bank is a third party that has left us money by means of the mortgage of a real estate, and it is indifferent to him if the holders are married or divorced, reason why for the supposition of one of them stops paying its part of the mortgage, it can claim the totality to the other one.

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What if I get divorced and I am paying off the house?

You and your spouse may also have joint debts, such as a mortgage, a car loan, credit card debt and personal loans. Debts for which you are both responsible are called marital debts.

If you and your spouse cannot agree on how to divide your property, the judge will decide.  Michigan law requires judges to divide property fairly. In general, “fair” means that each person gets about half of everything. But, in some cases, a judge may decide that it is fair to divide marital property in another way.

Your property may be divided in unequal shares if one person is more at fault in the divorce or if one person needs more property. Sometimes one person receives more marital assets but is also responsible for more of the marital debts.

Most of the property that you or your spouse got or earned during your marriage is marital property. It does not matter whose name is on the title or deed. It is still marital property unless it was a gift or an inheritance. Marital property is owned by both of you. Marital property is divided in your divorce. Things that are not marital property are called separate property.

In a divorce, who gets to keep the infonavit house?

Mexico’s Supreme Court of Justice of the Nation (SCJN) determined that, in any divorce, the spouse who has dedicated him/herself to housework and childcare must be compensated with up to 50% of the assets acquired during the marriage.

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In Mexico, for every 100 marriages, 32.4 divorces are registered, according to Inegi’s 2011 statistics, the most recent on the subject. Separations are increasing in the country while marriages are decreasing, the institute reported.