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Asker
Posted 12 months ago.

Thank you . wouldn't I rather have my money from a refinance over a sale, due to capital gains taxes if home is sold? Otherwise, it is part of my agreement with him over the settlement in divorce

Scott Francis Breidenbach
Scott Francis Breidenbach, Divorce / Separation Lawyer - Pottstown, PA
Posted 12 months ago.

I'm not sure if I can respond to you by reply to this AVVO email. If you get this, you should send me your email directly and we can talk from there.

The short answer to your question is "no, not really any better to seek a re-fi". First of all, there is no capital gains tax involved any more. Second, If he lost his job, he won't qualify for a new loan. Again, I would get it on the market asap and , in the process of listing it, get a real estate appraiser (i.e. not a real estate sales agent) to put a value on the property - then, get a real estate sales agent to list it for sale. And whatever the percentage of proceeds you are supposed to get should be based on the value, not the sale unless the sale price is higher than value. Anyway, email me directly if you want to pursue this further. Then, we can see how much work will be involved and we'll work out details.

Best Regards,

Scott
Scott@BreidenbachAssociates.com<mailto:Scott@BreidenbachAssociates.com>

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Asker
Posted 12 months ago.

Thank you, I have no settlement agreement for sale of home, only for him to refinance by June 15.(i never thought he would sell...)