The Miriam-Webster Dictionary defines “irreverent” as “having or showing a lack of respect for someone or something that is usually treated with respect [or] treating someone or something in a way that is not serious or respectful.”
We concede that the title of this article leans toward the irreverent. However, the irreverence reflected in the title of this article merely reflects the apparent irreverence with which many divorce litigants handle the issue of Dividing the House When Divorcing the Spouse.
On a fairly regular basis, we are contacted by potential clients who relate the following scenario: Harry Husband and Wilma Wife divorced several years ago. At the conclusion of the divorce proceedings, Wilma, who had been a stay-at-home mom, received title to the family residence. Harry, as part of the divorce decree, received the right to receive a sum of money that reflected his marital property interest in the family residence.
The divorce decree also contains a provision that purports to require Wilma to refinance the debt which is secured by the family residence — “within a reasonable period of time” — or some such similarly vague language, so that Harry will no longer be contractually obligated to pay the loan.
When Harry or Wilma calls our law office some years after the divorce (our office didn’t represent either party in the underlying divorce proceeding), either Harry complains that Wilma never refinanced the residence as is “required” by the divorce decree, or Wilma complains that Harry is “harassing” her to refinance the house even though she lacks the financial ability to do so.
As with most problems, it is easier and less expensive to do something correctly the first time, rather than to try and remedy a problem at some future point in time. Harry and Wilma, by the time their problem is resolved, will likely be acutely aware of this truism.
While it is understandable why Harry and Wilma (and their attorneys, if they were represented by counsel) took the “easy way out” at the time of their divorce — the easy way being “just get the divorce over with and we’ll worry about the refinance later — the reality is that taking “the easy way out” only makes the problem more difficult (and expensive) to resolve at some future point in time.
Regardless of whether you’re about to get married, already married, or facing divorce, don’t be a “Harry” or a “Wilma.” Obtain the assistance of an attorney who is familiar with asset protection, real property, and marital property law, and implement appropriate legal strategies that, in the event of legal troubles “down the road,” will help negate, or at least minimize, the negative impact and expense of those legal troubles.
As the old saying goes, “Those who fail to plan, plan to fail.”
We concede that the title of this article leans toward the irreverent. However, the irreverence reflected in the title of this article merely reflects the apparent irreverence with which many divorce litigants handle the issue of Dividing the House When Divorcing the Spouse.
On a fairly regular basis, we are contacted by potential clients who relate the following scenario: Harry Husband and Wilma Wife divorced several years ago. At the conclusion of the divorce proceedings, Wilma, who had been a stay-at-home mom, received title to the family residence. Harry, as part of the divorce decree, received the right to receive a sum of money that reflected his marital property interest in the family residence.
The divorce decree also contains a provision that purports to require Wilma to refinance the debt which is secured by the family residence — “within a reasonable period of time” — or some such similarly vague language, so that Harry will no longer be contractually obligated to pay the loan.
When Harry or Wilma calls our law office some years after the divorce (our office didn’t represent either party in the underlying divorce proceeding), either Harry complains that Wilma never refinanced the residence as is “required” by the divorce decree, or Wilma complains that Harry is “harassing” her to refinance the house even though she lacks the financial ability to do so.
As with most problems, it is easier and less expensive to do something correctly the first time, rather than to try and remedy a problem at some future point in time. Harry and Wilma, by the time their problem is resolved, will likely be acutely aware of this truism.
While it is understandable why Harry and Wilma (and their attorneys, if they were represented by counsel) took the “easy way out” at the time of their divorce — the easy way being “just get the divorce over with and we’ll worry about the refinance later — the reality is that taking “the easy way out” only makes the problem more difficult (and expensive) to resolve at some future point in time.
Regardless of whether you’re about to get married, already married, or facing divorce, don’t be a “Harry” or a “Wilma.” Obtain the assistance of an attorney who is familiar with asset protection, real property, and marital property law, and implement appropriate legal strategies that, in the event of legal troubles “down the road,” will help negate, or at least minimize, the negative impact and expense of those legal troubles.
As the old saying goes, “Those who fail to plan, plan to fail.”
Lapin Law Group offers Affordable, Experienced, and Aggressive Divorce & Family Law Legal Services for Clients, and Cases, Throughout the State of Texas
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Disclaimer
The information contained in this publication is provided by Lapin Law Group, P.C., for informational purposes only and, shall not constitute legal advice or create an attorney-client relationship. The laws and interpretation of laws discussed herein may not accurately reflect the law in the reader’s jurisdiction, or since this publication may have changed statutorily or have been affected by judicial decision. Do not rely on the information contained in this publication for any purpose. If you have a specific legal question, please consult with an attorney in your jurisdiction who is competent to assist you.
Lapin Law Group, with its principal office in the Dallas-Fort Worth Metroplex, serves all 254 Texas counties.
Lapin Law Group, with its principal office in the Dallas-Fort Worth Metroplex, serves all 254 Texas counties.
