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832.483.0829

The Gifford Group

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  • Home
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New Beginnings Blog

What Sets Us Apart from Others?

Your Credit it at risk

 Learn the only true ways to get your name off the Mortgage during a divorce. Today we talk about the home and how you can get your name on the mortgage when you are going through a divorce.   We cover the Refinancing of the mortgage out of your spouse's . 

Free Divorce Resource at https://www.mydivorcerealestate.com

 

Get Our FREE Divorce Budget Spreadsheet


 

Get Our FREE Equitable Distribution Worksheet


Who gets the house in a divorce in Texas?

Texas is a Community Property State.  Learn what that means for you? 

Thinking about buying out your spouse?    Learn if a refinance divorce buyout is right for you?   

What happens to the mortgage during a divorce buyout? 

What is an Owelty lien?  What is the Average (Hidden) Maintenance cost of home repairs?  




Want to stay Protected During a Divorce? Get DIVORCE SUPPORT

Uncover All The Unknowns During Divorce

first time home buyer after divorce?
Keep the house, Stay Protected during your divorce

  • What is my home worth?


  • Can I Keep the current house? Who has to leave the house in a divorce?


  • How much will I profit if we sell?

 

  • Is your Home Uninsurable, due to past claims?


  •  Are you a first-time home buyer after divorce?   


Who gets the house in divorce in Texas?

who gets the house in a divorce in texas?


  • Can I Afford a new house after Divorce?


  • Co-owning a house after divorce?


  • Do you have to sell your house in a divorce?


  • Can I sell house during divorce?


  • Looking to Refinance in order to keep the House, we can help with that as well!  

 

  • Even a judge cannot alter a decision made by the husband and wife in mediation about who keeps the house.  


  •  What is separate property in Texas?

Do You Have An Appraisal And Think You Are Protected?

What is my House Worth?
Divorcing and want to know what your home is worth?

 Although an Appraisal can be part of the steps in doing your house homework, our team will show you two gaps that could affect you negatively.  


Make certain you are protected.


 Know your Homes Value.


 This divorce buyout calculator can give you an idea of how much equity you have to divide with your spouse. 


We can help determine, How do I give my spouse equity in a divorce?   

The Gifford Group Helps Keep You Protected And Informed During Divorce

Stay Protected during Divorce.  
home repairs during a divorce.

  • Help with clouded Titles.

 

  • Get Assistance in finding a new house or rental in the same school district.

 

  • Maintain Good Credit For both spouses going through a divorce.
  • Watch this Video on Tips To improve your Credit Score


  • Preserve Homeownership Eligibility.


  •  Provide referrals for Local lenders to help with a Refinance or spouse buy-out. 


  • Gather Real Estate Documents for Informed Decision Making. 


  •  What can be used against you in a divorce

Whether You're Keeping The House Or Not

Keep the House for the Right Reasons. 
Download the free Divorce resource today.

 Download Our Free Informational Resource Protect Yourself & Get The Facts!
Divorce Real Estate Specialists 100% Confidential and Discrete. 


 

Equitable Distribution Worksheet Excel


 

Divorce and Mortgage Questions



If I Divorce Can I keep the House? 






Download

Do Have Other Questions About Divorce?

Questions about Divorce, Learn answers to Frequently Asked Questions About Divorce

Contact us today. We can answer your questions via call or send an email.  


Divorce in Texas who gets what? 



Reverse Mortgages During Divorce


How to pick a Good Divorce Attorney


 

Best things to do when going through a divorce



Divorce Essential Questions to Ask Your Divorce Attorney


 

Life After Divorce


 

DO NOT ORDER YOUR OWN APPRAISAL

Online Divorce Seminar


 

Divorce Can Throw You Off Balance




 

Search FAQs

DOWNLOAD A FREE RESOURCE, STAY PROTECTED DURING DIVORCE

41% of marriages end in Divorce, The home is the Big Asset

who gets the house in a divorce in Texas?

Keep The House, For The Right Reasons

 Together we can help you make an informed decision to keep the house or not based on affordability. We want you to know what you can afford after the divorce. 


It is pertinent to gather real estate documents in the discovery phase as decisions made during mediation are final.  Don't delay!

 

Whether You're Keeping The House Or Not, 

Download Our Free Informational Resource Protect Yourself & Get The Facts! 


www.MyDivorceRealEstate.com



Get your FREE Equitable Distribution Worksheet Split of Estate









Who Actually Gets To Keep The House During Divorce? Get Confidential Help Now

Keeping or letting go of the house is a big decision.  We can facilitate and guide you in the right direction that protects you and your home.  Reach out to us today to see how we can help during your divorce. 

Get confidential help today.     

Get Informed

COMPASSIONATE REAL ESTATE SUPPORT, REMOVE THE FEAR TODAY

Divorce Support from Local Realtors who are compassionate about helping clients through the difficult process of property division.

See Our Divorce Videos


Keeping the home or selling the home? There are many questions to answer. We can help you understand what you should know before Keeping the house during a divorce.   HOUSE BUYOUT DIVORCE CALCULATOR


Divorce and Real Estate Support

who gets the House during a divorce in Texas?

Real Estate & Divorce, What You Need to Know

 The Gifford Group on "The Divorce Coaching Hour" With Christy Stratton Part 1  


Our discussion centered around how we can remove the FEAR our clients feel when dealing with  Divorce and Real Estate matters. Remember FEAR stands for  False Evidence Appearing Real.   Part 1

 

Real Estate & Divorce, What You Need to Know Part 2

 The Gifford Group on "The Divorce Coaching Hour" With Christy Stratton Part 2


 When a divorce occurs, real estate matters can become even more complicated.  

Real Estate & Divorce, What You Need to Know Part 3

When it comes to real estate, we discussed the 6 areas of risk that you need to consider.   Risks are spread across six different areas: The Mortgage, The Title, The Property Value, Mechanic Liens, Insurance, and the Property Condition. 

Real Estate & Divorce, What You Need to Know Part 4

 Regardless of the path you choose, we'll help you along the way. No matter if you are planning on selling or staying in your current home, our team can offer you expert advice.  

Divorce -  who gets the house in a divorce with children
Real estate and Divorce in Houston

The Divorce Coaching Hour with Christy Stratton "Back to School" Real Estate and Divorce

It's "back to school" season and we couldn't miss the opportunity to talk about Mom's House + Dad's House during this time of year. In this special series, we will be talking to various divorce professionals about critical considerations in divorce like real estate, parenting plans and agreements, mental health, and environments - all related to your children. This is a must-not-miss series full of helpful info!

In this episode, Divorce Real Estate Specialists Amber and Scotty Gifford kick off the series. They share their real estate expertise and their personal experience about transitioning a family into two homes. You'll gain tips that will guide you about what to do and what not to do!  Listen Here

Real Estate and Divorce: What You Need to Know. Divorce real estate specialists Scotty and Amber

The Divorce Coaching Hour with Christy Stratton "Real Estate and Divorce: What You Need to Know"

Divorce real estate specialists Scotty and Amber Gifford of The Gifford Group join host Christy Stratton in this informative show about what you need to know when it comes to real estate and divorce. You'll learn the six areas that you need to focus on regarding your real estate interests, as well as the biggest mistakes people make in real estate and divorce. Make sure to add this podcast to your library, rate it, and review it. And please share this and all episodes with those who will benefit. Listen Here

Property Division During A Divorce

What is the Value of My Home? Discover the different ways to determine the value of your home and the pros and cons of each. 



Real Estate and Divorce: What You Need to Know

marriages involving children -- blended Families

Back to School: Real Estate and Divorce

opening your eyes to the real estate aspect of divorce

Divorce Real Estate

Do Have Other Questions About Divorce?

 Contact us today. We can answer your questions via call or send an email.   


 Free Help - We Help Uncover all the Unknowns When Going Through a Divorce. 

Learn How We Can Help Today. 

Remove the Fear, and Learn the Facts.


Search FAQs Frequently Asked Questions about Divorce. 

Protect yourself during a Divorce and Learn the Facts
www.MyDivorceRealEstate.com

FAQS, DO YOU get THE HOUSE DURING DIVORCE

Thinking About or Just filed for Divorce, What Do We Need To Do Now?

 So many questions and so few answers.  We've been there.  We can help you through this process from start to finish. We are here to help. The first step should be to reach out to us so we can help guide you and help you avoid costly mistakes with the house.  


 How long does a divorce take in Texas?

Depending on your case, it may take as little as 60 days or as long as a few years. One case took over 14 years and is still not resolved! Likely this won't happen to you! The length of time it takes for a case to be resolved completely varies depending on the issues involved.

Taking into account the parents' and their living arrangements, for example, the court might order a social study. Social studies themselves can take from two months to a year or more. Property division is another example. Property matters may require the assistance of an expert to assess businesses or property values.


 The Average Length of a First Marriage is About 8 Years. The average duration before a marriage terminates is 8 years. The median duration of second marriages that ended in divorce was about the same as for first marriages for women, at 8 years, but longer for men at 9 years.   

Statistics on Divorce Rates. 12 Surprising Divorce Statistics


Another interesting statistic is 86% of people contemplate getting a divorce for 1 year before they ever file for Divorce. We experience this first hand as more people we talk to tell us the same thing, some even much longer than a year! 


If you are interest in learn more about how the divorce process might effect you, come to our divorce seminar.  

What Am I Entitled To During a Divorce?

In Divorce, at least three different areas will need to agree upon, Property (ie; houses, cars, furniture), Debt, and children.  The court may issue Child support orders. 

Calculate your Child support payments. 


We will work closely with both attorneys and mediators to help determine the value of one of your most valuable assets. 

That is why being fully informed about your house and doing all the homework is vital. 


We are Experts on Divorce and Real Estate 

If You Want To Keep The House During the Divorce?

Sometimes we want to keep the house for emotional reasons or because of the children. We want to help you make informed decisions when it comes to the house. 

We want what is best for you. You can keep the house if you know all the risks and are comfortable with those risks. 

Find out about the risks Today!


Learn more

Is Texas A Community Property State?

Yes!  Texas is one of nine states that is a community property jurisdiction. Community property means that most property acquired by both spouses during the marriage belongs to the community estate and is therefore subject to division at the time of divorce.


 You may have heard that Texas is a 50/50 state, division is not necessarily a 50/50 split.  A court may determine "is just and right" is not a 50/50 split.  A court bases a just and right division on the facts of each case.  Read more about Texas Community Property


Texas Family Code

What Is Community Property?

Community property is everything that the spouses own together. Generally, that includes all property acquired during the marriage except property received by inheritance or gifts from separate property owned before marriage.


Community property is all property bought during the marriage with income received during the marriage. 


Separate property is any property that you or your spouse owned before the marriage or that you received during the marriage as a gift or inheritance. 

What House Homework Can We Help With During A Divorce?

Our help extends across six different zones of risk; The Mortgage, Title, The Value of the Home, Mechanic Liens, Insurance, and Condition of the Property. We will help guide you down whichever path is best for you. It does not matter whether you plan on selling or staying put in your current home we can help you make informed decisions.


Watch our Divorce Videos

Does The Gifford Group Only Help With Divorce Real Estate?

 While Divorce Real Estate is our primary focus, all real estate transactions come with risks. We have also helped many non-divorce individuals. While working with Divorce Real Estate we have uncovered risks that need to look at in almost every transaction. Even if you might not be going through a divorce it does not mean that our Network of experts are any less valuable to you.  

Find your new Home

What Is A CMA? Why Do I Need One?

Competitive Market Analysis (CMA) shows the prices of comparable sales of homes in your neighborhood and is a starting point for the best sales price of your home. We take the CMA along with other information about your house to help determine the top market price at which we would market the property.  The Gifford Group can answer the question, What is my house worth?


Yes, a current CMA is a priceless piece of information that we would recommend in every Divorce situation. We can provide the CMA for free to our clients. 


Get your free CMA today

Can I Purchase A New House Before My Divorce Is Over?

 

 Well, it depends. First, there must be no court-imposed restrictions. Also, if you need child or spousal support income to qualify for a new loan – you’ll need to wait. Otherwise, a pre-divorce purchase can be a great option.


NOTE: When purchasing a new home while still legally married, keep in mind that your spouse will be required to sign a Quitclaim Deed prior to closing. This will allow you to claim sole title to the new property. But you should likely be signing a Special warranty Deed instead. 


Read more Divorce and Mortgage Questions

How do I buy out a house from a spouse?

  An owelty lien is a tool to utilize when the equity of a home needs to be split. 


 Owelty liens are a type of deed that allows divorcing couples to divide the existing equity in the marital home. This action is commonly utilized in divorces to “buy out” the remaining spouses’ interest in a home.


The party giving up their interest in the home obtains a lien against the property through a divorce decree, called an Owelty lien. The Owelty lien must be filed at the courthouse in the county records. When the party retaining their interest in the house refinances or sells the home, the other party is paid the value of their Owelty lien. This solution allows one person to obtain the full interest in the home while removing the exiting spouse from the mortgage, while also providing the exiting spouse with cash.


 In Texas, the Owelty lien is more valuable than any other state. It is the only way a divorcing couple can access more than 80% of the home's current value without violating the Texas A6 law, or "cash-out law". Without the Owelty Lien, borrowers will pay cashout rates rather than the traditionally lower rate and term rates. 


We can connect you with a Local Lender that can help you walk through this process.


Need to know how much equity you have? 

Use our House Buyout Divorce Calculator 

Can I Refinance My House Before The Divorce Is Over?

The three options but first Know if you can afford it?

How much of your income should you spend on housing?

 

  •   Refinance before filing for divorce - If you refinance before you file, you report that you’re still married 


  •  Refinance while separated - Lenders may not be able to help since they can’t know for sure what your monthly debts will be.  


  • Refinance after finalizing the divorce - In many divorces, one of the parties will have to pay alimony, maintenance or child support. To a mortgage lender, these payments are viewed as a monthly obligation, like a car payment. When trying to refinance, this will be included in your debt-to-income (DTI) ratio, which affects your new rates.  


Read our blog post on Can I Buy a House before my Divorce is Final?

How Do Retirement Plans Get Divided In A Divorce?

 This is where the Qualified Domestic Relations Order (QDRO) will be created. The divorce decree must order that these assets will be divided. The court then must approve the QDRO and the order must be passed to the administrator of each retirement account. 


Read our Blog Post on QDROs


Check out our Divorce Videos

Divorce Resources Near Me

Trusted Home Divorce Advisors

The Gifford Group

Learn the Facts and Remove the Fear

Real Estate Advisors

Down the Free Divorce informational Resource. Divorce Help, Do you keep the house or sell it?

Download the Free Divorce Resource

Whether You're Keeping The House Or Not During a Divorce.

Uncover all the unknowns during a divorce to protect your home and your credit. Learn from our experience, we specialize in Divorce Real Estate. 


Download our Free Informational Resource on making informed real estate decisions during divorce:  *Find a list of questions to ask before hiring a Divorce attorney.  


 The Gifford Group Helps Uncover All The Unknowns During Divorce 

 

  • What is my home worth? Find out Today. 


  • Property Division, how to value your home. How to Determine My Home's Value. There are three different ways, but only one correct way. 


  • Can I Keep the current house? Spouse Buy out?  The divorce process can make real estate even more complicated. Can I keep the house or should we sell it? 


  • Real Estate and Divorce What Are The Options?  Real Estate matters are stressful enough but a divorce can make these matters even more complicated. Real Estate and Divorce what are the options? There are several options that spouses need to consider when deciding on what to do with the family house.   Selling a house after divorce agreement Texas.


  • How much will I profit if we sell? Contact us today to get a net sheet if you choose to sell. 


  •  A free Buy out Calculator can calculate three different scenarios and how much equity will be available to split in each case. How much the new mortgage will be after the refinance divorce buyout.  


  • Is your Home Uninsurable, due to past claims? Get Connected with us and stay protected. Divorce and Real estate are what we are experts in. 


  • How much does it really cost to maintain the home?  The true cost of homeownership is more than just loan payments you make to the bank for the money you are borrowing. There are other costs that might be included in your mortgage payment and some that are NOT! 


  • Can I Afford a new house? What will the payment be? What are current mortgage rates? All will affect how much home you can afford. 


  •  We are a Local lender to help with a Refinance or Spouse buy-out. When it comes to refinancing the house, you might be surprised how much equity you can pull out if you are buying out the other spouse. 


  • Do you know  What is Community Property?   Community property is everything that the spouses own together. Generally, that includes all property acquired during the marriage except property received by inheritance or gifts from separate property owned before marriage.

 

  • Divorce Can Throw You Off Balance  Life is a constant balancing act, and divorce is just another ball to juggle that you might not have seen coming. Staying focused on what is best for you and any children that may be involved. We're no benefit to our children or anyone if we are not in balance with ourselves. 


  • Divorce FAQs,  Thinking About filing, or did you just file for Divorce?  What Do We Need To Do Now?  So many questions and so few answers.  We've been there.  We can help you through this process from start to finish. We are here to help. The first step should be to reach out to us so we can help guide you and help you avoid costly mistakes with the house.  


  •  What is an Owelty Lien?  Owelty liens are a type of deed that allows divorcing couples to divide the existing equity in the marital home. This action is commonly utilized in divorces to buy out the remaining spouses’ interest in a home. 


  • We are frequent guests on "The Divorce Coaching Hour with Christy Stratton".  When it comes to Real estate, we discussed the 6 areas of risk that you need to consider.   Link to the show  Real Estate and Divorce, What You Need to Know


  •  How Much is Child Support In Texas?  See Monthly Child Support Calculator 

 

  • Single-Family Homes Update

Download the Free Informational Resource

Thinking about keeping the house during your divorce? 


Download Our Informational Resource and Protect Yourself & Get The Facts!


 *Find out the top questions to ask before hiring a Divorce attorney. 


 BONUS: "After Divorce" check-lists, parent reminders, comprehensive property related to-do lists, & name change check-list   

My Divorce Real Estate

frequently asked questions of DIVORCE

Divorce Workshop Near Me

ENGAGE AND LEARN FROM DIVORCE EXPERTS! 


Our Mission to help couples going through Divorce. We want them to make informed decisions.     

Our speakers will cover all topics surrounding Divorce.    

 Investing in yourself today could save you thousands of dollars, countless hours of research, and mental anguish in the future.    

DIVORCE SEMINAR DETAILS

MONTHLY CHILD SUPPORT CALCULATOR FOR TEXAS

 

 

How Much is Child Support In Texas?


 Standard Child Support in Texas Guidelines. 

BASED ON THE MONTHLY NET RESOURCES OF THE OBLIGOR. 

1 child     =     20% of Obligor's Net Resources

2 children =   25% of Obligor's Net Resources

3 children =   30% of Obligor's Net Resources

4 children =   35% of Obligor's Net Resources

5 children  =  40% of Obligor's Net Resources

6+ children  =  Not less than the amount for 5 children


See The Monthly Child Support Calculator


 

See Texas Family Code Chapter 154.125(c).

Multiple Family Adjusted Guidelines.

 

DIVORCE: CAN I GET ALIMONY? SPOUSAL SUPPORT IN TEXAS 2021

 

Standard Alimony allowance in Texas

 

What is Alimony? 

Alimony is a payment that one spouse makes to the other during and/or after the Divorce Process. In Texas, the court calls these payments "spousal maintenance" or "maintenance." 


You can use our Divorce Alimony Calculator below to calculator the total maintenance support you will receive and for how many years?

  

How much is spousal support in Texas?  There is no formula to tell you how much spousal maintenance you will be awarded. An award for maintenance cannot exceed $5000 per month or 20% of the spouse's gross income (whichever is less).  

 

How to buy someone out of a house?

  Calculate how a Divorce house buy out would work for you. This divorce buyout calculator can give you an idea of how much equity you have to divide with your spouse. We can help determine how do I give my spouse equity in a divorce?

This Calculator can calculate three different scenarios and how much equity will be available to split in each case.

The 1st scenario displays how much money each spouse will get if you sell. (The Safest option for both parties) Selling the home to split the equity.

The 2nd scenario is if you buy out your spouse using the standard 80% cash-out refinance. Standard Refinance to get the house out of the spouse's name.

The 3rd scenario is if you buy out your spouse using the Owelty Lien which enables you to do a 95% buy out (this one is a hidden secret most people don't even know that is an option) - Refinance Divorce Buyout to remove them from the deed and recapture more equity.

Since lenders generally require you to maintain at least 20% equity in your home (though there are exceptions) after a cash-out refinance.

We can get you connected to the lender that can do up to 95% of the equity for the spouse buyout.

Download Our Free Informational Resource at https://www.mydivorcerealestate.com 

The Gifford Group 

How do you calculate net profit when selling a house?

 We have made a Calculator to that show net proceeds calculator. 



You can count on us to guide you through the process and make the process as easy as possible if you are looking to sell. 

 

Seller's Net Sheet Calculator


We have taken the time to calculate all the fees associated with selling your home. Please let us know if you have any questions. 

What about community property with the right of survivorship?

 

A surviving spouse does not automatically inherit half of a married person's community property when the person's children are not his or her children. If one of the spouses dies, a married couple may agree in writing that all or part of the community property will go to the surviving spouse. 


This is known as a right of survivorship agreement. Survivorship agreements must be filed with the county court records of the couple's residence. Married couples can use this to make sure that all community property cited in the agreement automatically passes to the surviving spouse without having to go to probate court.


Read more about Community Property

 

Property Appraisal

Do you need an Appraisal or a Comparative Market Analysis when you are divorcing? What's the difference?


A licensed appraiser's appraisal or a real estate professional's CMA are the two most common methods of determining a real property's value. 


But how do they differ?  


These are two different opinions of value, and neither of them will ever give you the exact same opinion of price, just as no two people value anything the same.  It's all about perspective.


 In a Comparative Market Analysis (CMA), a licensed real estate professional evaluates what a property could possibly sell for in the current real estate market in order to determine its current value. 

Get you free CMA Done today. 


Appraisals are completed by licensed residential appraisers who use recent comparable home sales data to determine a home's value. Even though licensed appraisers use a similar method to a real estate agent's CMA, unlike a real estate agent, they should have no vested interest in its sale. 

(Although they work for the bank that is making the loan, so there is that) 

Expect to pay around $500-$600 for an Appraisal.  


How does a mortgage company value real property when mortgage financing is needed? 


An independent appraisal from a licensed appraiser is necessary if a mortgage is needed to refinance a marital home. A lender cannot use an appraisal ordered by the homeowner or attorney for settlement purposes. If the valuation was already established during the settlement process and an equity buy-out is needed, this may cause problems since the values can be significantly different.  

Note, A lender cannot use an appraisal ordered by the homeowner or attorney for settlement purposes.


 One of the most powerful tools to help "buy out" your spouse is what is called an Owelty Lien.   

Can I get my Name off Mortgage without Refinancing?

As we go through life, we learn that not everything is easy or straight forward as we original thought. 


Getting your name off a Deed of Trust is possible but getting your name of the mortgage without refinancing, not so much! Let's learn why.   

Your lender may not release a spouse from the mortgage obligation following the divorce  


Mortgage companies often consider two incomes when qualifying a borrower for a loan. Neither party may qualify for the loan alone because it is based on both parties' incomes. Even if the divorce decree makes the other party liable, many mortgage companies do not release one party from the mortgage.  Thinking of Refinancing? 


A Texas family court cannot compel a lender to release a party from a lien. 


 Thus, even if only one party owns a house, both parties are liable for the mortgage.


Read more and learn your options. 



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INFORMATION ABOUT BROKERAGE SERVICES 


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 Information About Brokerage Services



Scotty Gifford NMLS ID # 2357310

Mortgage lender is mimutual  NMLS # 12901   

MiMutual Mortgage is not affiliated with The Gifford Group. 

Scotty Gifford is both a licensed real estate agent and Mortgage Loan Officer (MLO) at MiMutual Mortgage
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 Broker is Amber Gifford of The Gifford Group, LLC

Real Estate LLC, License #9014675 



 

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