Mortgages, Marital Assets

Are Mortgage Rates and High Rents the Catalyst to “Quiet Quitting?”

Fox Rothschild LLP on 6/12/2024

We have been reading recently about a new life phenomenon called “quiet quitting.” Essentially the concept is that one or both spouses are done with the relationship but neither has the energy or the resources to move on...more

Life After Love Gone Wrong Podcast: Season 3, Episode 2 - Mortgage Mastery: Charting a Financial Course Post-Divorce

Fox Rothschild LLP on 1/10/2024

Make informed financial decisions on the homefront as you weather a separation or divorce. Host Sandra Fava and her guests, Cathy Maloney and Dina Parla of Guaranteed Rate Affinity, share practical tips on managing...more

Is It Time to Re-think Mortgage Refinance on Divorce?

Fox Rothschild LLP on 11/2/2023

For the entirety of this lawyer’s career, it was universally accepted that if one spouse was going to keep the marital residence, that property needed to be refinanced so that the spouse passing title (i.e., moving on) was no...more

The Data Show that the Real Estate Market has “Tipped”

Fox Rothschild LLP on 10/18/2023

The front page of yesterday’s Wall Street Journal (10/17) confirms what we have been “feeling” throughout 2023. The home buying frenzy that overheated markets in 1987 and 2007 has reached its pinnacle and moved on....more

[Webinar] Surviving Your Divorce: Navigating Housing and Financial Decisions With Confidence - October 25th, 12:00 pm - 1:00 pm ET

Cohen Seglias Pallas Greenhall & Furman PC on 10/16/2023

Divorce can be a challenging journey, both emotionally and financially. It requires complex decisions to be made at every stage, especially regarding housing and related financial matters. In an upcoming webinar, Carolyn...more

Community or Separate Property? Beware The Mortgage Rule

Lasher Holzapfel Sperry & Ebberson PLLC on 11/7/2022

What you don’t know about your mortgage could hurt you. In Washington State, we are not a “title state.” Accordingly, placing your spouse’s name on the title of a separate real estate does not automatically make it community...more

FEAR, MONEY & MARKETS: As if Covid Isn’t Enough

Fox Rothschild LLP on 6/7/2022

People often ask divorce lawyers how they do it. My stock answer is that it’s like any other financial transaction, except that the transaction is wrapped in layers and layers of emotion. ...more

Divorce Financing Encounters A Turbulent Real Estate Market

Fox Rothschild LLP on 4/5/2022

At the end of the day, divorce is a financial transaction wrapped in complex human emotions. Part of the divorce lawyer’s mission is to try to gently unwrap the emotion so that each party can walk away from a failed...more

DEBT: The Divorce Lawyer’s New Frontier

Fox Rothschild LLP on 3/30/2021

It’s always been there. Debt. Even though the Pennsylvania Divorce Code does not really mention it by name. If you speak to the hearing officers who draw the assignment of effecting equitable distribution, they respond...more

Love it or List it: What to do with the marital home in case of divorce

Bowditch & Dewey on 3/23/2021

Depending on the size of any existing mortgage, the equity in the marital home often represents a significant portion of the marital estate, however illiquid that equity may be. So how do the divorcing parties manage that...more

Navigating A Home Transfer In Divorce

Fox Rothschild LLP on 1/15/2021

Just about every divorce case involves a house and its corresponding mortgage. In a small number of cases parties agree that dissolution of the marriage is also an opportune time to downsize the residence, but in most...more

What is an assumption agreement?

Stange Law Firm, PC on 2/12/2020

In a divorce, the marital home is often one of the most valuable marital assets that the parties have. Typically, the parties also have a mortgage on the marital home with a balance due and owing. To resolve a divorce with...more

Should My Name Be Taken Off The Mortgage?

Stange Law Firm, PC on 9/17/2019

In many divorces, the marital home is one of the most valuable assets of the parties. There are three general possibilities in what to do with the marital home in a divorce...more

Holding Onto The House– The Buy or Sell Dilemma in Divorce

Burns & Levinson LLP on 8/8/2019

Ah, home sweet home. Home is your happy place where you can rest and unwind. It is the place you selected to start your family and where you and your family make memories. There is justifiably so much sentimental value tied...more

Refinance After Divorce

Stange Law Firm, PC on 12/31/2018

In many divorce matters, parties own a house jointly. When a married couple owns a home together, this is known by tenancy by the entireties. In these instances, the married couple is also on the mortgage together if the home...more

Inadvertent Transmutation - How What was ‘Mine’ became ‘Ours’

Jaburg Wilk on 5/25/2018

We frequently represent clients who have engaged in some type of transaction with his or her spouse during the marriage that inadvertently causes them to lose certain rights to property unknowingly. This often happens in the...more

Separate Property and Arizona Marital Community Equitable Lien Rights

Jaburg Wilk on 1/23/2017

In Weeks v Weeks, Division One of the Arizona Court of Appeals addressed the marital community’s equitable lien against separate property of one spouse. The opinion is a memorandum decision and it is therefore not...more

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