How will I know what my home is worth?

A comparative market analysis is the tool used which takes into account homes in the area that have recently sold, homes that are pending (under contract but not closed yet), and homes that are currently for sale. This data, along with current market conditions, helps determine the market value. An appraiser might also be used in some cases.

If I keep the house, do I have to refinance the mortgage?

Usually, yes. Unless your ex is extremely generous and doesn’t mind co-owning the debt of the house, you will likely have to refinance and buy the other person out of their share. Timelines can be negotiated between the spouses in mediation.

Once I file for divorce, does one of us have to move out ?

Unless there is a court order (for example, in the case of domestic violence) you cannot be forced to leave your home. Now, it can be very uncomfortable and downright toxic to remain in the home together during the process, but financially it often makes more sense to take your time with either selling the home or figuring out who will remain in the home. 

My spouse says that he/she has been paying the mortgage all these years, and thus the house belongs to them. Is this true?

This all depends on what state you live in, whether you bought the house while married, any prenup in place, and if you are both on the deed. There are numerous factors that help decide the division of the owned property, and keep in mind that this is a matter that can be negotiated during a divorce. If you sold your condo that you bought when you were single in order to put a downpayment on the house you bought with your spouse, it will be important to show that you owned that asset (the downpayment) before you were married. Again, this all comes down to the established laws in your state and the negotiations between the separating parties.

If we're selling the home during our divorce, will buyers know?

Buyers and their agents should never be aware that the sellers are in the midst of a divorce. This creates leverage for the buyer who believes that the sellers are desperate to sell quickly, and this is not favorable to the sellers. The home should be staged as if the divorce is not happening.

What if my soon-to-be ex and I don't agree on the list price for the house?

This is where the comparative market analysis (CMA) or appraisal comes in. The data does not lie. I am skilled at helping both spouses understand the market and come to a realistic listing price that moves them forward.

Will I be able to buy a new home on my solo income?

Speak with a mortgage lender who will know how to pre-approve you based on your income, alimony, and child support. Speak to them sooner rather than later, so you have an idea of what you can afford, and what you might need to negotiate in the final divorce agreement.