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      04-11-2019, 08:56 AM   #18
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Quote:
Originally Posted by obert View Post
I totally agree about dealing with this like a business transaction. She is the one that is emotionally tied to the house and doesn’t want to just sell it. Me I want to sell and take our shares and move on.

Thanks for the advice!
If you get an appraisal and she buys it for that amount, you get half of the proceeds after closing costs and paying off the existing debt. This transaction does not need a realtor so no commissions. That savings is maybe enough to help her understand that a straight split is fair.

In the state where I live, and the one previous, there is no such thing as her bills and my bills (even if they were individual accounts), or her assets and my assets. Everything is joint and the going in assumption is a 50/50 split in divorce. Your state might have different rules, but it might be worth reminding her that you (collectively) used the refi to pay off your (collective) debts, there is no mine and yours in that (at least in my state).

I did what others have suggested in my divorce. We had one house to sell (had just relocated) and we split proceeds right down the middle (sold months after the divorce was final). On the new house, I didn’t want it but she was moving out of the area so I initially told her she got the house and I would get other assets (liquid). At the last minute, when she realized it would be an albatross to try to sell after she had left the area, I agreed to take it but at a value about 10% below what we had just purchased it for (I mean weeks before she told me she was moving on).

I get the emotions and moving on stuff, but bad deals linger with me so I’m all for pushing hard to get the best deal. Of course if your divorce is friendly (mine was not), you might be more accommodating.
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