A Family Law Attorney writes: QUESTION Noel, I have a divorce matter where the parties have about $100,000.00 in equity. I need to get a home equity to buy the wife out, or at least have an option to negotiate. Can you help? ANSWER: Don’t Use Equity Financing or “Cash Outs” for a Divorce Buyout […]
QUESTION: One of Texas’s finest attorneys in McKinney called to ask about how one of his clients could sell part of a 100 acre tract of land to his soon-to-be ex-spouse. Client’s wife was to receive 16 acres unencumbered. But, there was a mortgage on the entire 100 acres. How does such a transaction get […]
Refer to the blog immediately before this one. Here it is: Q&A #2A: Does Equity Financing Diminish a Ex's Portion of the So-Called Equity Now, pick up the email conversation. Question Hi Noel Thank you for answering! We live in Indiana. The lender says that the extra 20% stays in the home as you described. […]
This question was asked by a consumer...but, it is very similar to questions asked by family law attorneys all the time. It will address property's accessible equity, divorce and equity buyouts in Texas and other states as well. There are multiple parts to this question and answer...so, there will be parts A, B, etc. Question: […]
This begins a short series (a dozen or so) of questions I have received recently from family law attorneys. I figure the best way to answer questions that you have is to....well, answer actual questions you have asked. Here's an actual but common one: Q: I am in an interesting debate with opposing counsel and […]
They said it couldn't be done - an Owelty after the.... I just closed a loan for a newly divorced customer. The other side did everything they could to keep it from happening. How we handled it makes all the difference in the world. The facts. Divorcing couple. Husband to be awarded the house subject […]
So this attorney calls and asks... No, this is not a joke. It's just one of many calls or emails I receive each month. I've designed my business model so that I can take care of your questions and *conundrums. I can do this because you have been so kind in the past many years […]
Owelties and Mediation #2 or How To Structure Buyouts in a Divorce Mediation I need to re-state the punchline from last week even though you can read the short article right here. When negotiating – in mediation or in any binding agreement - a buyout of a spouse’s interest in the marital residence, use the phrase “NET […]
I’m going to write this series backwards. I’m starting with the punch line. Then, I’m going to build the rationale for it, explaining exactly why my recommendation is necessary. I will have at least 4 case studies. I will use real numbers. I will not use real names so I can protect the guilty. It’s […]
After my Tuesday Tutorial last week, a great attorney and friend emailed me… “The spouse is required to execute the DOT to avoid any homestead claims if they reconcile and he moves in and then she defaults. I’m not saying he would prevail on the homestead claim, but what a hassle. I’d take the case […]
