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Crunching the numbersby Firmbee.com
Property DiVision

Dividing Everything

Divorce requires understanding everything you have in one or both of your names and then determining what to do with it all moving forward. Learn everything you need to about building a balance sheet and how this analysis works.

Property Division

How does a lien on real estate work in securing a settlement payment for the non-retaining spouse?

Property Division

Can we use a private contract (like a property settlement note) to handle the division of real estate equity?

Property Division

What if the property is underwater (worth less than the mortgage) during the divorce?

Property division REsources
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Resource
Children's Accounts - How to Value and How to Address

Learn about the types of children's accounts, their treatment in divorce, and the options for division to continue to support children and protect assets for their benefit.

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Debts - How to Value and How to Divide

Learn about various types of debts and liabilities; how to value them and how they can be addressed in divorce.

Resource
Personal Use Assets or Personal Property

Learn about challenges valuing personal property, like cars, household goods, pets, and frequent flier miles, and how they can be addressed in divorce.

Resource
Business Interests

Learn about business interests, focusing on complex valuation techniques and the various options for handling business interests in divorce.

Resource
Life Insurance - How to Value and How to Divide

Learn about the different types of life insurance and how it is handled in property division in divorce.

Resource
Retirement - How to Value and How to Divide

Walk through various considerations when valuing and dividing or buying out retirement.

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Employer Incentives - How to Value and How to Divide

Walk through various considerations when valuing and dividing or buying out employer incentives, like bonuses or stock options.

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Investment Accounts - How to Value and How to Divide

Walk through various considerations when valuing and dividing or buying out investment accounts.

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Bank Accounts and Cash Equivalents - How to Value and How to Divide

Walk through various considerations when valuing and dividing or buying out bank accounts or other cash equivalents.

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Real Estate - How to Value and How to Divide

Walk through various considerations when valuing, dividing or buying out equity in real estate.

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Balance Sheet - What is it and How to Build One

Learn about a balance sheet and how it can help you in the property division analysis.

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Property Division Legal Overview - More of the Basics

Learn about property division law generally and key differences between community property states and equitable division states.

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Legal Categories of Property - Learn the Basics

Learn about the legal types of property and how different jurisdictions categorize your assets and liabilities.

Resource
Property Division - Overview of Dividing Assets and Liabilities

Property division is one of the two financial categories addressed in divorce, focusing on the division of assets and liabilities, including real estate, debts, financial accounts, investments, automobiles and personal possessions.

Table Of Contents
Learning Module
1

Property Division - Overview of Dividing Assets and Liabilities

A brief overview and introduction to property division (allocation of assets and liabilities) in divorce.

Learning Module
2

Legal Categories of Property - Learn the Basics

Learn about the different legal categories of assets and liabilities that is the foundation of the property division analysis.

Learning Module
3

Property Division Legal Overview - More of the Basics

Learn about community property division and equitable property division, whichi s appolicable in your state, and the key differences between these two legal concepts.

Learning Module
4

Balance Sheet - What is it and How to Build One

Learn about building a balance sheet and how it can provide a comprehensive overview of your net worth and help facilitate your property division.

Learning Module
5

Real Estate - How to Value and How to Divide

Walk through various considerations when valuing, dividing or buying out equity in real estate.

Learning Module
6

Bank Accounts & Cash Equivalents - How to Value and How to Divide

Walk through various considerations when valuing and dividing or buying out bank accounts or other cash equivalents.

Learning Module
7

Investment Accounts - How to Value and How to Divide

Walk through various considerations when valuing and dividing or buying out investment accounts.

Learning Module
8

Employer Incentives - How to Value and How to Divide

Walk through various considerations when valuing and dividing or buying out employer incentives, like bonuses or stock options.

Learning Module
9

Retirement - How to Value and How to Divide

Walk through various considerations when valuing and dividing or buying out retirement.

Learning Module
10

Life Insurance - How to Value and How to Divide

Learn about the different types of life insurance and how it is handled in property division in divorce.

Learning Module
11

Business Interests - How to Value and How to Divide

Learn about business interests, focusing on complex valuation techniques and the various options for handling business interests in divorce.

Learning Module
12

Personal Use Assets or Personal Property - How to Value and How to Divide

Learn about challenges valuing personal property, like cars, household goods, pets, and frequent flier miles, and how they can be addressed in divorce.

Learning Module
13

Debts - How to Value and How to Divide

Learn about various types of debts and liabilities; how to value them and how they can be addressed in divorce.

Learning Module
14

Children's Accounts - How to Value and How to Address

Learn about the types of children's accounts, their treatment in divorce, and the options for division to continue to support children and protect assets for their benefit.

Glossary Terms
Underwriting

The lender’s process of evaluating a borrower’s financial profile (income, debt, credit) to decide whether to approve a refinance or assumption.

Refinance

The process of replacing an existing mortgage with a new one, typically done in divorce to remove a spouse from the loan, pay off the existing balance, and possibly extract equity for a buyout.

Loan Term

The length of time over which the mortgage must be repaid (typically 15 or 30 years); a refinance typically restarts the term while a loan assumption maintains the current term.

Loan Modification

A change made to the terms of an existing loan by the lender, sometimes considered as an alternative to refinancing, though not a common divorce solution and not to be confused with a loan assumption or refinance.

Interest Rate

The cost of borrowing money, expressed as a percentage of the loan amount.

Indemnification Clause

A legal provision in a divorce decree stating that the spouse retaining the home will protect ("indemnify") the other from any financial or legal harm related to the mortgage; this clause does not remove the non-retaining spouse from the loan in the eyes of the lender.

Debt-to-Income Ration (DTI)
Closing Costs

Fees and expenses paid during the refinancing or sale of a home, including lender fees, title insurance, appraisal fees, and recording charges - these can impact the affordability of refinancing or assuming a mortgage to buyout home equity.

Equity Buyout

A financial arrangement where one spouse pays the other their share of the home’s equity either with cash, through a refinance, or by offsetting with other marital assets allowing one person to keep the home.

Assumption

Also known as name deletion, a process where one spouse takes over the existing mortgage, becoming solely responsible for payments, while keeping the original loan terms (e.g., interest rate, balance, maturity date). Lender approval is typically required, and not all loans are assumable.

Certified Divorce Financial Analyst
In-Kind Transfer

The process of transferring ownership of assets without converting assets to cash and potentially incurring taxes, and instead directly transferring the actual asset itself, such as stocks, property, or other physical items.

Plan Administrator

The entity or individual responsible for managing a retirement plan, ensuring compliance with regulatory requirements, and processing benefit distributions.

Warranty Deed

A legal document that guarantees the grantor has clear title to the property and the legal right to transfer it, providing assurances against any future claims or encumbrances.

Quit Claim Deed

A legal document used to transfer ownership interest in a property without providing any guarantees about the title's validity or freedom from encumbrances, often used in a divorce because of the familiarty and trust between the parties.