Does a house in foreclosure hold up a divorce if both parties already agree on everything?

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Does a house in foreclosure hold up a divorce if both parties already agree on everything?

I am getting a divorce and the house is in foreclosure. My soon-to-be ex-husband and I already agree on everything from custody to who gets what so my question is will the foreclosure hold up divorce proceedings. (My husband is working with the mortgage company to see if he can keep the house via payment plan, etc. And I have no problem either way)

Asked on October 28, 2011 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The foreclosure will not hold up the divorce--the ending of your marriage--or anything unrelated to the home--like child custody, spousal support, child support, etc.

What it can do is hold up the distribution of assets, to the degree that the home is one of the assets being divided or distributed by the divorce agreement or decree. It may also require an adjustment to asset distribution: e.g. if you were giving up your claim to the house, so you husband could keep it, but now the home is foreclosed upon, you may need to give up something else, since your husband is not receiving some of the agreed-upon assets. A divorce or family law attorney can evalute the situation vis-a-vis your divorce agreement or decree and let you know the impact.


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