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Home equity, keeping house?

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C

cedestech

Guest
What is the name of your state? Texas.

We are doing the online divorce thing.

The only real communal property that is not easy to divide up is the house.

She will be moving to the other side of town to be closer to
her parents.

I am keeping the house.

Market appraisal should be for around $180K but because of some
extenuating circumstances if we wanted to sell it fairly quickly
(in a 3 month time frame) $150K is more accurate.

We owe $115K on it.

We agree that the equity is about $30K and she is due around $15K.

I plan to refinance it and pull that amount of equity out for her.

Her only concern is if I was to turn around and sell it
a year later for $200K.

I agree that wouldn't be right.

Can we put it in the divorce decree that if I am to sell the house
for over $150K with in the next 5 years that half the profit over
$150K is hers?

And if so how do we put it in there and where?

Thanks,

Emmett.
 


LdiJ

Senior Member
cedestech said:
What is the name of your state? Texas.

We are doing the online divorce thing.

The only real communal property that is not easy to divide up is the house.

She will be moving to the other side of town to be closer to
her parents.

I am keeping the house.

Market appraisal should be for around $180K but because of some
extenuating circumstances if we wanted to sell it fairly quickly
(in a 3 month time frame) $150K is more accurate.

We owe $115K on it.

We agree that the equity is about $30K and she is due around $15K.

I plan to refinance it and pull that amount of equity out for her.

Her only concern is if I was to turn around and sell it
a year later for $200K.

I agree that wouldn't be right.

Can we put it in the divorce decree that if I am to sell the house
for over $150K with in the next 5 years that half the profit over
$150K is hers?

And if so how do we put it in there and where?

Thanks,

Emmett.
You just pretty much state what you stated here. Make it simple.

Husband and wife agree that husband will retain ownership of the marital residence. Husband will refinance the home in his name only and agrees to pay wife 15,000 in equity in the marital residence. Wife agrees to quit claim the residence to the husband. Husband further agrees that if he sells the house prior to XXXX date, for more than 150,000.00 (net of selling and closing costs) that he will pay wife 1/2 of the selling price in excess of 150,000.00.
 

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