Divorce and the house: know your options before you make a decision

Only if you can carry it alone and pay your spouse their share of the equity. Colorado courts divide marital property equitably, not 50/50, so the buyout number is negotiable but the mortgage is not: the lender has to approve you on your own income, and the decree will usually set a refinance deadline. Can you afford the house alone?

The court, or your agreement, takes today’s market value, subtracts what is owed and the cost of selling, and splits what is left equitably. A separate-property contribution (a down payment from before the marriage or an inheritance) can be carved out with documentation. How equity and buyouts are calculated

Often before, for tax reasons: a married couple filing jointly can exclude up to $500,000 of gain on a primary home, a single filer $250,000. Timing also depends on the market, the case and who is living there. The $250k / $500k rule

Not the Zestimate. Courts and attorneys work from a written market analysis or an appraisal. Ours goes to both spouses at the same time, with three price points and a net sheet at each. Which number the court uses

Yes, if the staying spouse can refinance, use a HELOC, assume the loan, or trade other assets for the equity, and close the buyout by the deadline in the decree. A buyout priced on the wrong value is the most expensive mistake in a Colorado divorce. The buyout math, with real numbers

The court can order the sale, set the terms, and authorize a signature if someone will not sign. Refusing showings, refusing a fair offer or refusing the deed each has a path through it. When a spouse refuses

Whoever the temporary orders say, and until then usually whoever has been paying. The lender does not care what the decree says; a missed payment lands on both credit reports. Repairs needed to sell should be agreed in writing, with who pays and who is repaid at closing. Protecting your credit during the case