Separating is never easy, but the logistics of dividing property can be even more challenging. Connecticut residents who have been through divorce can attest that it can be difficult to determine how property, especially large-ticket items like homes, should be divided. This is why it can be beneficial for both parties to learn more about the property division laws in their state before starting the divorce process, in order to be better prepared for any challenges that might arise.
If a couple is separated but not yet formally divorced, it can be difficult for one spouse to move forward and purchase a new home for themselves. In the eyes of the law, the two individuals are still bound by marriage, which means the other party must "sign off" on a new home, stating they have no interest in the transaction. This is called a "quit claim deed," and it can save a lot of headaches down the road.
If a couple does divorce, and it is decided that one former spouse will keep the marital home, problems can arise if that spouse cannot meet the minimum requirements to qualify for a new mortgage, effectively refinancing the other spouse off the loan. In other words, if a former spouse misses a mortgage payment, it can affect the other spouse's credit score, as both names are technically still on the property. In some cases, the other spouse can even be held responsible for missed payments personally.
Divorce is already sometimes a complicated issue, as Connecticut residents understand. Therefore, it makes sense to limit the potential for further issues down the line. By learning about the requirements for property division ahead of time, separating couples can mitigate later conflict by ensuring that both parties are aware of their rights and responsibilities going in.
Source: foxbusiness.com, "How to Divide Your House in a Divorce", , July 14, 2014