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Divorce Real Estate

I Specializes in proper document calibration.  I help minimize the emotions involved to make informed decisions in selling your real estate in a divorce situation or probate/ trust estate sales.

Going through a divorce is one of the most emotionally challenging moments in one's life.  From filing countless forms to finally separating the property.  There is a lot to deal with.  It is important to choose the right divorce realtor when it comes to separating real estate property during divorce.  Linda Robben with Keller Williams Realty St. Louis is one of the few realtors that have proved to be highly efficient during the process.  She has what it takes to help divorcing couples choose what to do with their real estate property.  Linda has both her Paralegal Degree and is Certified as a Real Estate Collaboration Specialist-Divorce. RCS-D TM.

Going through a Divorce is one of the most emotionally challenging moments in life. From filing countless forms to finally separating property, there is a lot to deal with. It is important to choose the right divorce realtor when it comes to separating real estate property during divorce. Linda Robben with Keller Williams St. Louis is one of the few realtors that have proved to be highly efficient during divorce and holds a RCS-D Designation.  She has what it takes to help divorcing couples choose what to do with their real estate property.

 Unlike other common realtors, Linda Robben has mastered every nitty-gritty of divorce and the challenges that come with separating real estate property. Not all real estate agents can handle divorce-related home sales since they do not understand the severity of the situation. Linda has experience handling real estate in divorce cases. She knows what steps to take to ensure couples get top dollar for their home, and what to look for that can diminish the true value/equity you may think you have in the home.

One of the essential skills necessary to deal with couples during an emotional time is good communication skills.  Linda is skilled with the ability to handle conflicting and emotionally tense conversations that happen during the process. Linda has good interpersonal skills, an attribute that enables her to deal with divorcing couples objectively without creating more conflict and focus on the best interest of the house.

 If you are facing a divorce, and you do not know how you will handle your shared real estate property, then please call Linda Robben today. Whether you want to put up the house for sale, have one spouse take over the mortgage, learn the true value to split the equity, or give it a facelift, she will work objectively to ensure the true value is revealed prior to the settlement hearing.  And any defects with the Title that may follow the property are addressed.

 

Divorce Issues Affecting Title to Real Estate

“I got the house in the Divorce!” 

DID YOU? Your property settlement may have provided for you to retain your home, but do you actually have vested title clear of your former spouse? Judges in Divorce actions have the authority to grant title, but the wording in your divorce decree is critical in determining if you have actually received full title to the property. If the Judge “granted” you title in your decree, you have legal title and your ex-spouse is no longer an owner. HOWEVER, if the decree says you are “awarded” the property, or that the Court rules in your favor that you shall have the property, you must still obtain a deed from your ex-spouse to divest his or her interest. Too often the prevailing spouse believes they have clear, vested title to the property when in fact what they really have is the right to own solely. There must actually be a granting of the property in the public record, either by the court in the divorce decree or by the spouse on a deed.

 

Can I buy a home before my divorce is final?

 Possibly, you need to consult an attorney. Missouri is not a community property state in a divorce. Missouri is an equitable distribution state, which means that property will be divided by the court in a manner that is fair to both parties but not necessarily equally.

 

My name is on the mortgage, but my ex-spouse got the house.

Am I still responsible for the loan?

ABSOLUTELY! The lender made the loan in both names and is not obligated to release any of the responsible parties, whether the divestiture of the property is made willingly or forced by the court. You may petition the Lender to release you, but they are under no obligation to do so. If your ex-spouse defaults on the loan you can be held responsible for any deficiency after a foreclosure. The divorce court can condition the granting of the property upon the grantee spouse trying to qualify with the lender to remove you from the loan, or state that the ex-spouse is responsible for the obligation, but the court is unlikely to force the lender to remove you from responsibility if they are unwilling to do so.

My ex-spouse is no longer on the title to my home. Why are his/her debt posted as liens against my property? Are they Valid?

POSSIBLY. Many liens incurred by individuals can be assessed against any real estate they own. If your spouse had a judgment or tax lien levied against them during the time they were in title to the home, the obligation is potentially a lien on the property. If the spouse’s interest was not properly conveyed in the public record (see above) their liens can attach to the property until it is.

 

I am your Real Estate Agent for Probate

Dealing with the death of a spouse, parent or sibling one is often traumatic. It is a reality that every person will face at some point in life. The pain that follows the death of a loved one can be exacerbated with the legal issues surrounding family property. In such cases, it is important to get a trust and probate real estate specialist to help you out. Linda offers trust and probate services to families who have experience the loss of a loved one.

Linda’s experience selling property through trust and probate makes her one of the most qualified people you should hire. Other realtors will casually say “yes” when asked whether they are experienced in probate and trust. Linda will not just say yes but also provide documentation of all the properties she has sold through probate and trust. Regular real estate agents may not know the ideal trust and probate procedures or understand specific forms and requirements when completing a sale. Linda understands all these aspects of trust and probate property and will work closely with your attorney. She will work to ensure that her clients’ interests are protected during the probate process. 

Linda’s commitment to build strong relationships with client success is why she is in the top 1% of individual agents at Keller Williams Southwest.  Linda strives to know her clients on a personal level and strives to protect them from personal liabilities to ensure smooth transactions. Few realtors go to such extra miles when it comes to selling properties through trust and probate. Feel free to contact Linda Robben today for any property issues related to. She will ensure you get satisfactory results. Or guide you to someone else that will be able to answer your questions.

 

1031 EXCHANGE

 

IRC Section 1031 provides an exception and allows you to postpone paying tax on the gain if you reinvest the proceeds in similar property as part of a qualifying like-kind exchange. Gain deferred in a like-kind exchange under IRC Section 1031 is tax-deferred, but it is not tax-free.

 

Please consult an attorney for legal advise.  Call Linda for questions regarding the sale of your real estate. 

 

 

 

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