Me & my wife agreed about selling the house. The house needs repairs to outer walls & other things ASAP, otherwise it'll deteriorate more & cost more later on, plus we won't be able to sell it without making these repairs. I got repair estimates that amount to >$6K, which would be paid with a credit card. The issue: I'm planning on filing for divorce soon. She doesn't know yet. I still want to sell the house even if she changes her mind after I file (she can't pay the mortgage anyway). I once heard from a lawyer that I shouldn't do any improvements to my house if I plan to file for divorce. At that time I failed to ask what was the rationale behind that advice. However, in this case I am talking about needed repairs. Should I go ahead with the repairs, or should I refrain, or wait? Why?
Michael Patrick LobergCriminal Defense AttorneyLargo, FL ·
This is a very complicated and difficult question to answer without a lot more information about your marriage/economic situation. However, in general and assuming there is no pre-nuptial agreement, any debt/asset obtained during a marriage is a marital debt/asset. Thus, if the house is a marital asset and you put the repairs on a credit card (a marital debt), both would have to be split in a dissolution proceeding. If the house is being sold anyhow, I am not sure why you should hold off on necessary improvement that would cause you to sell the house at a price much lower than the value of the repairs you make. Your best bet is to consult with a lawyer in your area (most give free initial consultations) who can get all the facts and give you advice. Please let us know if these answers are helpful and/or the best by clicking the appropriate button. Good luck.
If its about $6,000, its not worth dwelling over. Both the debt and the proceeds should be shared 50-50, ultimately. I'm always doubtful that repairs will be fairly compensated in sale price anyway, unless they are just superficial, anyway.
Real Property and the ownership/responsibilities that accompany ownership are typically complicate situations that require a good bit of time working through and understanding.
A couple of basics. If you have a mortgage on the property there is very likely a clause which requires the homeowner to keep the premises in good repair; failure to do so and allow "waste" may result in a default on your mortgage.
With respect to the divorce and making repairs, it all depends on how the property is title, whether both spouses contribute to the upkeep of the house, etc. There are so many varying factors that may offset any repair costs that it would not be prudent to advise without first better understanding the nature of the current situation, the status surrounding the divorce (i.e. amicable or contested) whether children are involved, etc.
I would strong urge you to retain a lawyer who can handle all aspects of this matter (family law/ real estate) and allow them to work through the intricacies. All of the issues (divorce, sale of house, repairs) are all very much intertwined.
