Asked in Divorce and Real Estate Law for Oregon

Q: I am getting a divorce. The house belongs to her but is being transferred to me. How does this work?

If the home and all assets on it are going to me, but the loan is in her name, how does this work? Do I need to "purchase" it (even though the assets being put into the house are mine and already built into the house?) Or would it considered a refinance under another name? To confuse things even more, the property is being split and half without the house will be going to her to build a second house on.

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II

A: This question goes across several aspects of law, as you noted when you classified it, Divorce, Real estate and Financing. You REALLY need to contact a local attorney (suggest Family Law/Divorce) to discuss what documents need to be drawn up and whether the bank needs to be made a party to the divorce to enable the change in ownership on the loan. You will also need new deeds drawn up to show the division of the parcel into 2, and the new ownership. You will need the assistance of a Title Insurance Company.

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