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Thanks for your response yesterday. I try to compare two…

Thanks for your response yesterday...
Thanks for your response yesterday. I try to compare two situations: one is sell the house on my own, the other is make my father become owner of the house and the sell it by him.
Which documents I and my husband need to sign for these two situations?
How much fee for each situation?
If I choose divorce, is that easier for selling the house?
Should I sell the house first or divorce first? Which way will make me or my father get all the money back from selling the house?
Which documents I and my husband need to sign if I choose divorce?
How much fee for it?
Thanks.
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Answered in 8 minutes by:
3/15/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,951
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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So to be clear you are attempting to transfer your home to your father? and then have him sell it on your behalf?

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Customer reply replied 5 months ago
My goal is taking all the money back from selling the house. Based on the situation I just mentioned, I want to know which way will take all money back. I sell the house or transfer my home to father. Both of them is fine for me.
Thanks.
Customer reply replied 5 months ago
I don't want my husband to share the money from selling the house. Because originally my house is a gift from my father
Thank you. The divorce court will look to see if the gift was to an individual or to the couple jointly. If the title is in both names it will require the signature of both owners to sell or transfer the home. The court may divide the proceeds pursuant to the parties respective interests. So if the court determines it is a gift to one party and no marital property contributed to the mortgage and improvements the court may confirm it as one spouse's separate property. If the court determines there is a marital contribution or the gift was to both parties the court will order the proceeds distributed accordingly.
If you provide the state I can provide additional information.
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Customer reply replied 5 months ago
I am in Minnesota and I am the only one who own the house. I try to compare two situations: one is sell the house on my own, the other is make my father become owner of the house and the sell it by him.
Which documents I and my husband need to sign for these two situations?
How much fee for each situation?
If I choose divorce, is that easier for selling the house?
Should I sell the house first or divorce first? Which way will make me or my father get all the money back from selling the house?
Which documents I and my husband need to sign if I choose divorce?
How much fee for it?

Here is the quit claim deed:

http://www.commerce.state.mn.us/UCB/10.3.1.pdf

Fees vary by jurisdiction and the clerk can be contacted for recording fees; for example please see:

http://www.stlouiscountymn.gov/LAND-PROPERTY/Real-Estate-Recording/Filing-Fees

Any contributions made during the marriage will be credited to the marital estate; for example please see this explanation by the state:

Q: I bought the house before we got married, it's mine, right?

To divide property under Minnesota divorce laws, you need to know the difference between "marital" and "non-marital" property. "Marital" assets must be divided in a fair and equitable way. "Non-marital" assets are usually not divided between the spouses. A non-marital asset is usually awarded to the spouse who owned it before the marriage.

Example: You owned a house before the marriage. You paid $15,000 cash, and got a mortgage for $110,000. You made mortgage payments of $800 a month for 2 years before the marriage. Before getting married, you also made major improvements to the house, increasing the value. After 5 years of marriage, you are getting divorced and you want to keep the house. The real estate market has been good, and the value of your house has risen to $180,000. Your spouse agrees that you can keep the house, but wants $90,000 (half the value.) What is your response and how do you support your position with Minnesota law?

With this house, you need to figure out what part of the $180,000 is marital and what part is non-marital. An attorney can help you do that. The $15,000 downpayment, the mortage payments for 2 years before the marriage, the improvements you made before the marriage, and part of the increase in value of the house are "non-marital." In this case, if you and your spouse each get legal advice from a lawyer and understand the law, you may be able to divide your property fairly and finish your divorce.

That information is here:

http://www.mncourts.gov/Help-Topics/Divorce/Real-Estate-in-Divorce.aspx

So even if the property is quitclaimed to the original owner if the court determines there is a marital interest the court can void that transaction or can credit the other spouse with their percentage that the court determines is due to them.

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Customer reply replied 5 months ago
Originally my house is a gift from my father.Will my husband can share the money from selling my house?

If the marriage (ie income) made any contributions to the mortgage or to any improvements then the court can determine that a percentage belongs to the marital estate and that portion will be divided.

If no such contributions were made then it is normally deemed separate property and will be awarded to the spouse that received it as a gift.

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Customer reply replied 5 months ago
I try to compare two situations: one is sell the house on my own, the other is make my father become owner of the house and the sell it by him.
Which documents I and my husband need to sign for these two situations?
How much fee for each situation?
If I choose divorce, is that easier for selling the house?
Should I sell the house first or divorce first? Which way will make me or my father get all the money back from selling the house?
Which documents I and my husband need to sign if I choose divorce?
How much fee for it?
Thanks.

"I try to compare two situations: one is sell the house on my own, the other is make my father become owner of the house and the sell it by him."

An owner of the house may sell the house but if 2 parties are on title both parties must agree and sign.

"Which documents I and my husband need to sign for these two situations?"

The link to the "quitclaim deed" is above.

"How much fee for each situation?"

The fee depends on the county; the recorder's office can provide the fee for filing; the document I linked above is free.

"If I choose divorce, is that easier for selling the house?"

It depends on whether the marital estate contributed to the mortgage/improvements.

"Should I sell the house first or divorce first? Which way will make me or my father get all the money back from selling the house?"

Again this depends on whether it is marital or separate property.

"Which documents I and my husband need to sign if I choose divorce?"

Under either case the above quit claim deed would be required.

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Customer reply replied 5 months ago
For our car, I pay 2/3 of the price, My husband pay 1/3,
How much money I can take back if I choose to divorce?
Customer reply replied 5 months ago
But the title is only my husband for the car.

Generally the court will distribute it according to the party's contributions as that is typically deemed "equitable and fair".

For long term marriages the court may consider a 50/50 division to be fair; please see:

https://www.revisor.mn.gov/statutes/?id=518.58

That lists the factors the court will consider.

If you have follow up questions please post here;otherwise please open a new question thread as the site only permits one question per thread.

I hope this helps!

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,951
Experience: Just Answer consultant at Self employed
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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