Seek Legal Advice: Engage a family law attorney to understand your rights and obligations in relation to the shared property and mortgage.
Determine Property Value: Get a professional appraisal of your home to determine its current market value. This will be crucial for discussions about property division.
Review Mortgage Details: Understand the details of your current mortgage, including the outstanding balance, interest rate, and terms.
Decide on the Property: Decide whether one person will keep the property or if it will be sold. This decision may depend on various factors, including emotional attachment to the home, financial feasibility, and the best interests of any children involved.
Refinancing: If one person is keeping the property, they may need to refinance the mortgage to remove the other person’s name from the loan. This typically requires the person keeping the home to qualify for the mortgage on their own.
Buyout: If one person is keeping the property, they may need to “buy out” the other person’s equity in the home. This could involve refinancing the mortgage for more than the current balance and giving the excess to the other person or trading other assets for the value of the home.
Selling The Home: If neither person can or wants to keep the home, it can be sold, and the proceeds divided as agreed or as ordered by the court.
Update Homeowner’s Insurance: If one person is keeping the home, they’ll need to update the homeowner’s insurance policy to remove the other person’s name.
Consider Tax Implications: There may be tax implications related to selling the home or buying out the other person’s share. Consult with a tax professional to understand these implications.
Document Everything: Keep clear records of all decisions and transactions related to the home and mortgage. This can be important for legal and tax purposes.
Separation Agreement: A separation agreement is a legally binding document that outlines how assets, including property, will be divided during a separation or divorce. It should specify details about property division, mortgage responsibility, maintenance and upkeep of the property, and tax implications. The agreement should also include a process for resolving future disputes and be signed and notarised to ensure its legality. Both parties should seek independent legal advice before signing to understand their rights and obligations.