Divorce in Naples, FL can be quite tricky to navigate, especially if nothing has been finalized and the process is still ongoing for you and your soon-to-be ex-spouse. Even with all the legalities, it’s still possible to sell your property under certain circumstances.
Here are the answers to a few questions you might be asking about selling property while divorcing:
Can I Sell My House Fast In Naples, FL While Divorcing?
Yes, you can sell fast, but this depends on how far along you are in the divorce process.
You also need to consider which kinds of property are marital, and which are non marital, also known as separate property. Naturally, nonmarital property can be sold quickly and marital property needs to be legally sorted out with the help of a divorce lawyer.
What Is The Difference Between Marital And Non Marital Property?
Here is everything that constitutes marital property according to Florida law:
- Assets acquired during the marriage, whether jointly or individually by either spouse
- Any enhancement or appreciation of assets resulting from either the efforts of either married party during the marriage or from spending of marital funds.
- A paydown of mortgage secured by nonmarital real property. Any passive appreciation is also considered if a portion of the mortgage is paid by marital funds.
- Interspousal gifts during the marriage are counted.
- Benefits, funds, and rights accrued in the following situations.
- Any real and personal property acquired by the parties as tenants in their entirety is considered a marital asset, whether acquired prior or during the marriage.
This is considered non marital:
- Assets acquired prior to marriage.
- Assets acquired by either married party by non interspousal gift, devise, descent, or bequest.
- Income from non marital assets during the marriage. Only unless it was used, relied upon, or treated by either party as a marital asset.
- Any assets excluded in a valid written agreement between both parties.
- Any liability resulting in the forgery of signatures as committed by either party against the other.
Given these factors, we advise consulting with your lawyer regarding your assets, so you know which ones can be quickly sold.
What Are Some Of My Options Regarding My Property?
Now that you understand the classifications of property during a divorce, let’s take a look at the options you can take.
- Buy out the value of the property your spouse owns.
This is particularly important if you have sole physical custody of your child or children, and the property is near their schooling. Consider this too, if your primary place of employment is near the property. - Find out how much your marital home is worth.
It will help to hire the expertise of a real estate agent to help you assess this, and to check out other listings near you as well. This is especially important if you’re looking to sell the property. Make sure you’re constantly in agreement with your spouse’s lawyer regarding selling the property as well. - Find out how you’re to settle your debts individually and as a couple.
Coming to a mutual agreement on the sale of your property could be easier if the both of you are open to the amount of debt you have, and still need to pay. Coordinate with your lawyers to align with your figures, and see how a successful sale can help alleviate your debt. - Try co-owning the property with your spouse.
This is an excellent option for parties who are going through an amicable divorce and have not agreed on sale options yet. Co-owning means you can rent out the property and split profits or you can ensure that family members from either side can still use the property if needed.
Need More Info?
“Can I sell my house before my divorce in Naples, FL?”
You certainly can when you contact us at Alpha Properties. We buy houses in Naples, Florida fast and without issue using 100% cash-only deals. What’s so great about a cash offer, you ask? The great thing about this is we purchase homes in any condition, with no realtors, extra fees, commissions, and repairs! We worry about the rest for you, and all you have to do is avail of your offer.
