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Q: Do I get all profits from house sale in foreclosure after divorce agreement?
I was awarded my house in my divorce, with the condition that I had two years to refinance and remove my ex's name from the loan. The house is now in foreclosure, scheduled for October 3. If I sell the home, do I get all the profits given there is no written agreement post-divorce about profit sharing, or do I have to split them with my ex? The outstanding loan is $98,000, and the potential sale value is $150,000. Additionally, my ex owes me $16,100 in back support for alimony and child support.
A: It is possible but doubtful. The divorce is between the two spouses and has no bearing on the lender. When the lender conducts the sale, they will probably transfer any surplus over to the notemakers. However with your figures, do not expect any significant surplus, if any, as the noteholder will add up alot of sale/collection expenses before any surplus is reached.
A:
If the divorce decree awarded the house to you, then you generally own both the property and the equity that comes from selling it. Unless the decree included specific instructions about splitting profits, your ex does not typically have a legal claim to the sale proceeds. What matters most is whether the court’s order transferred ownership entirely to you, or if your ex’s name is still on the deed despite being removed from the loan requirement.
If your ex’s name remains on the deed, then technically they still have an ownership interest, and the profits may need to be divided unless the divorce decree clearly gave you full ownership. In that case, the cleanest step is often to sell the property and then resolve any disputes about distribution in court, especially since your ex owes you substantial back support. You may be able to offset any potential claim they have with the support arrears, which could cancel out their portion of the equity.
Because the foreclosure is scheduled soon, your priority should be to sell quickly and avoid losing the equity to foreclosure. Gather your divorce decree, the deed, and mortgage records so you have clarity on whether ownership was fully transferred. If the decree states the home is yours, you should be able to keep the profits and apply them as needed, while also addressing the unpaid support through enforcement.
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