If you and your husband purchased the new house during your marriage using community funds, then it is most likely community property subject to a just and right division as part of your divorce process.If there is a mortgage on the new house, in most circumstances, if the court awards the new house to one spouse, that spouse will also be obligated to pay the mortgage payments. If both spouses are on the mortgage, the spouse to whom the house is awarded will sign a deed of trust to secure assumption to protect the other spouse in the event of a future failure to pay the mortgage. If there is substantial equity in the new house, the spouse to whom the house is awarded may be ordered to pay a sum of money to the other spouse, which in most such circumstances will be protected by an owelty lien.Alternatively, the court may order the parties to sell the new house and then divide the net proceeds between you in a manner that is just and right.
Answered on Jul 24th, 2023 at 1:27 PM