Does a house in foreclosure hold up a divorce if both parties already agree on everything?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a house in foreclosure hold up a divorce if both parties already agree on everything?
I am getting a divorce and the house is in foreclosure. My soon-to-be ex-husband and I already agree on everything from custody to who gets what so my question is will the foreclosure hold up divorce proceedings. (My husband is working with the mortgage company to see if he can keep the house via payment plan, etc. And I have no problem either way)
Asked on October 28, 2011 under Family Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The foreclosure will not hold up the divorce--the ending of your marriage--or anything unrelated to the home--like child custody, spousal support, child support, etc.
What it can do is hold up the distribution of assets, to the degree that the home is one of the assets being divided or distributed by the divorce agreement or decree. It may also require an adjustment to asset distribution: e.g. if you were giving up your claim to the house, so you husband could keep it, but now the home is foreclosed upon, you may need to give up something else, since your husband is not receiving some of the agreed-upon assets. A divorce or family law attorney can evalute the situation vis-a-vis your divorce agreement or decree and let you know the impact.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.