Divorce: Options to Dispose of the Marital Residence

What Are The Options To Consider When Disposing Of The Marital Residence In A Divorce Proceeding?

In the usual divorce or dissolution proceeding, the disposition of the marital residence is often one of the most important decisions in the case and one of the most emotional issues with the exception of “custody” of the minor child or children. One or both parties may have very strong emotional ties to the home and may overlook important financial considerations in their quest to “keep” the family home.

I now provide to you my list of available options in disposing of the marital residence during divorce:

  1. Sell the residential property for the “best obtainable price” and divide the net sale proceeds.
  2. Sell the residential property for the “best obtainable price” and use the net sale proceeds to pay off marital debt or to pay down marital debt.
  3. Determine the equity in the marital residence, if any, with one party “buying the other party out” of his or her interest in the marital residence.
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Divorce on Your New Year’s Resolution List?

If a Divorce is on Your New Year’s Resolution List, Consider this First…

Seven Tips for Dealing with Family Issues During the Holidays from Texas Divorce Attorney Richard C. Price

I was pondering a list of various topics for this blog article. I wanted to publish a strong blog article to start 2015. I started a couple and even finished one that wasn’t honestly that memorable. So I decided to hold that one in the “bank” for another less important time of the year. The start of any new year is an obvious time for reflection and to take an inventory of our blessings and shortcomings.

To start the year, I wanted to post an article encouraging people experiencing marital problems to take certain steps before going the divorce route.  I drilled into the extensive archive of blog articles written by my colleague and acclaimed Texas lawyer, Dick Price, for inspiration.… View Full Article → “Divorce on Your New Year’s Resolution List?”

Divorce Regrets For Couples Likely Says Study

Recent Study Say Couples Experience Increased Unhappiness In Their Second Marriage, Have Regrets Over Divorce

Recently there has been some publicity of individuals expressing their regrets regarding obtaining their divorce.  A completely anonymous website, known as http://www.secretregrets.com/, allows individuals who have gone through divorce or separation to express their regrets.  This website led to a bestselling book series called “Secret Regrets”.   These expressions of regret occur too often in the divorced world as a recent Utah State University article discusses.

The study examines life after divorce explaining that, frequently, a divorce is just the beginning and what comes next is the hard part: conflicting relations with your ex-spouse; troubles with maintaining normal lives for the children; and a general feeling of unhappiness.  The study even indicates that compared to married individuals, divorced couples experience more unhappiness, higher psychological stress, low self-image, and felt even more alone.

Divorce is certainly not a cure-all to your relationship problems.  … View Full Article → “Divorce Regrets For Couples Likely Says Study”

Divorce: Larger the Engagement Ring, the Higher the Divorce Rate?

Do Divorce Rates Increase When People Spend More Money On An Engagement Ring? Study Says Yes!

Traditionally, A princess cut, a pear, a round, or an oval?  Should I go to Jared (He went to Jared) or Stafford or Kay, because every kiss begins with Kay, right? How much should I spend?  Can I afford a good engagement ring now or should I wait and save 3 months’ salary?  Am I going to look cheap if I go to an off brand jeweler or use a family heirloom ring?

These are all questions that many men face when deciding when and where to purchase an engagement ring.  It seems like just buying the engagement ring for the “right” reasons alone may no longer suffice. Today, you must get the right ring from the right jeweler, and that ring is normally quite pricey.  The average American couple forked out nearly $4,000 on average for an engagement ring, that doesn’t even include the wedding bands!  … View Full Article → “Divorce: Larger the Engagement Ring, the Higher the Divorce Rate?”

Divorce: Dividing iTune Libraries and Other Digital Assets

What Happens To Your Digital Assets In A Divorce?

Digital Assets Library That Can Be Divided In A Divorce Process Include Kindle, iTunes, Xbox Live, Games, Apps And Other Digitally Downloaded Media

Traditionally, when dividing assets in a divorce, each individual looks to their assets obtained during the marriage.  When these assets are identified, the process of dividing those assets up then runs its course.  Today, with the constantly changing technological field, assets are not merely tangible objects anymore.  For example, your iTunes library is not a tangible asset, yet it does have value and you did spend money to amass this library.  Even though this asset is not a house, car, jewelry, or even cash, it’s still considered an “asset.”  It also doesn’t matter which spouse maintained the library, or who actually purchased the digital assets; as long as they were obtained during the marriage, they qualify as “marital assets” which means they’re treated no different than a car or any other tangible asset.… View Full Article → “Divorce: Dividing iTune Libraries and Other Digital Assets”

Bitcoins and Hiding Assets in a Divorce Action

Protect Your Assets – Talk To A Divorce Attorney To Avoid Being Ripped Off By Bitcoins Concealment

Bitcoins are defined as a cryptocurrency and are the first of their kind.  Cryptocurrency is just a fancy term for “encryption” meaning only authorized parties can read it. This essentially allows individuals to store bitcoins without any link to themselves, drastically differing from bank accounts or stocks. Bitcoins, unlike traditional currencies like the US Dollar, aren’t backed by governments and aren’t influenced by monetary policy. This makes bitcoin more like gold than any other currency since its value rests entirely on how much people are willing to pay and how much its users believe in it. Bitcoins are traded from one personal ‘wallet’ to another. A wallet is a small personal database that you store on your computer drive, on your smartphone, on your tablet, or somewhere in the cloud.

Bitcoins came into existence in 2009 when creator Satoshi Nakamoto (which is presumed a pseudonym) launched the network as an “electronic peer-to-peer currency.”  … View Full Article → “Bitcoins and Hiding Assets in a Divorce Action”

Divorce During Pendency: Living Separately or Living Together?

Should Couples Live Separately Or Together Through A Divorce Or Dissolution? – List Of Factors Crucial In Each Case

The parties agree the marriage is not working; the decision is made by one of the parties to initiate a divorce proceeding.  Do the parties live separately or together during the pendency of a divorce?  There are many factors to be considered:

Finances:  If there is adequate income available to cover the living expenses of two (2) households, it is probably easier and less emotionally draining to live separate and apart while the divorce is taking place.  This arrangement allows each party to experience what it feels like to live alone and to take care of one’s home or apartment without the physical assistance or presence of the other party.  If the money or income is not sufficient to pay for two (2) households, some parties will elect to move in with a relative or friend.… View Full Article → “Divorce During Pendency: Living Separately or Living Together?”

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