The Uncontested Divorce – Part 5 (Real Estate)

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Most uncontested divorces involve no real estate.  If the parties own real estate, it is a potentially complicating factor.  In fact, my earlier proposition (in The Uncontested Divorce – Part 1) – that an uncontested divorce may involve the parties selling the marital home and equally dividing the proceeds – has potential complications.

Dividing the net proceeds equally requires ascertaining what comprises net proceeds.  In other words, what is subtracted from gross proceeds to arrive at net proceeds?  Perhaps it is as simple as the amount “Paid to Seller” at closing.  But perhaps it is not.  Is either party owed some recompense for paying the mortgage since the parties decided to terminate the marriage?  Were there (or will there be) any fix-up costs to prepare the house for sale?

So the primary proposition is solid.  If there is no real estate, it is more likely to be – and remain – an uncontested divorce.

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