Divorce can be a challenging and unforeseen event, often leading to complex proceedings, particularly concerning real estate assets. While aiming for an amicable resolution is ideal, preparing for all possible outcomes is essential to safeguard your assets during this difficult time. To help you navigate the process, here are three valuable tips for protecting your real estate assets in Florida when facing a divorce, especially if it involves the sale of the home.
1. Take the Necessary First Steps
Divorce can be an emotional time, but it’s crucial to stay level-headed and take practical steps to protect your Florida real estate assets during this period. Here are some early preparatory measures to safeguard your real estate holdings . . .
Prepare Before Filing
When going through a divorce settlement, it’s crucial to remember that all assets are subject to division. Before initiating divorce proceedings, it’s important to take steps to safeguard your interests and gather necessary evidence to substantiate your claims in court.
Inventory Non-Marital Assets
Before getting a divorce, it is crucial to create a comprehensive list of all properties acquired before the marriage, along with gathering supporting evidence and documentation. Ensuring you have your real estate records in hand before your spouse initiates the divorce process is essential.
Get an Accurate Valuation of Your Real Estate Assets
When evaluating the value of properties and investments, it’s crucial to consider the impact of taxes, including deferred tax payments on retirement accounts and potential penalties for early withdrawals. These factors can significantly affect the overall return on investment and should not be overlooked.
Choose Battles Wisely
When deciding whether to pursue a legal battle, it’s essential to consider the cost of attorneys versus the value of the asset at stake. Not everything may be worth fighting for, so it’s crucial to weigh these factors carefully before making a petition.
Consider Getting a Mediator
Divorces can be financially draining, with unpredictable outcomes. Opting for a mediator can be a more cost-effective alternative to hiring attorneys, as they assist in negotiating a mutually acceptable divorce agreement.
2. Implement These Tactics
There are three major things you can do to protect your real estate assets when going through a divorce. They are . . .
Use Equity to Your Advantage
One effective solution for protecting your Florida real estate assets is by maintaining negative equity in them.
Protecting your real estate assets in Florida involves a strategic approach to equity management. By focusing on negative equity, you can safeguard properties you own individually. Equity plays a crucial role in determining a property’s actual value. Divorce attorneys often calculate the divisible amount for each party by deducting property loans from its market value. Maintaining negative equity is a key strategy for asset protection.
Establish Premarital Asset Ownership
In a marriage, assets are typically considered part of the marital estate unless you can establish that they are non-marital assets. It is important to provide evidence that any real estate acquired before the marriage had associated loans that were paid off before entering the marriage. Failure to do so may result in the court determining that the asset holds only partial non-marital value.
Consider Setting up a Land Trust
Securing your pre-marital real estate assets in a land trust can shield them from creditors and legal challenges, as well as safeguard them in the event of a divorce.
Here’s the process in action . . .
By utilizing a land trust, you maintain anonymity in property ownership, as the trust is listed as the legal owner without any public records revealing your name. Ownership is solely associated with the trust.
3. The Process of Selling Real Estate Assets in a Divorce
During a divorce, it’s common for both parties to agree to sell the property and divide the proceeds. To safeguard your share of the real estate assets, there are specific steps you should take.
Set an Asking Price
Setting the right price is crucial when selling real estate to align with market value. It’s essential to collaborate with a knowledgeable local agent familiar with the Florida market. Contact our Florida agent at (754) 714-7497 to discuss pricing strategies.
Prepare for Showings
Preparing the property for sale can be the most challenging aspect of the selling process. It often involves addressing minor repairs, painting, and other tasks to ensure the house is in show-ready condition. It’s crucial to come to a mutual agreement on how to cover these expenses. In the event that both parties have vacated the property before listing it on the market, you can have your real estate agent stage the home for you.
Review Offers
When receiving offers from potential buyers, it is crucial to collaborate in the review process. In divorce situations, the tendency is to expedite the sale, leading to the acceptance of subpar offers. Rely on your agent’s knowledge to assess offers thoroughly.
Divide the Proceeds
Once the sale is finalized, the final step involves dividing the proceeds of the sale. This process is typically straightforward, with the escrow company handling the distribution of funds after settling any outstanding obligations on the property and fulfilling other agreed-upon payments.
Situations may become slightly more complex if one spouse has been responsible for making post-separation mortgage payments. In such cases, the paying spouse’s contributions towards reducing the principal amount and increasing equity should be considered when determining the distribution of proceeds after deducting closing costs and obligations. Adjustments may be necessary to reflect the financial input of the paying spouse.
An Important Aspect of Protecting Real Estate Assets
When you and your spouse/ex-spouse are looking to sell property, partnering with a seasoned investor in Florida can greatly benefit you. Their expertise in the local market and negotiation skills can help secure the best deal for you. If safeguarding your real estate assets in Florida during a divorce is your priority, contact us today at (754) 714-7497.