Category Archives: SC Properties

Marital Property and Proceeds in North and South Carolina

Screenshot 2016-03-29 08.17.23*Consult your licensed and admitted attorney in your state for legal advice.  This post is sharing my own experiences as an experienced REALTOR® licensed in both NC and SC.

In North Carolina we have a saying, ‘It takes one to buy and two to sell real estate in North Carolina.’

Generally, if both husband and wife appear on title, both must sign documents (mortgage, rescission and TIL); If only one spouse is on title to property being mortgaged, individual state law applies.

North Carolina is what’s called a dower state. Properties purchased by a married couple is a marital asset even if only one buyer signs documentation (unless that property is purchased by an entity*) and the property is equally owned by both parties, each with rights and responsibilities to the property. When making a purchase, if the intention is for each spouse to protect the others’ marital rights to the property should one spouse pre-decease the other, the closing attorney should include both spouses on the title with rights in common, or as directed by your closing attorney.

Properties owned prior to the marriage are not necessarily marital assets unless Screenshot 2016-03-29 08.45.56the non-signing spouse completes major updates to the property as a major investment in the property.  Each scenario must be evaluated on a case-by-case basis.

In the case of a spouse inheriting a property, the non-inheriting spouse must sign all documentation to list and sell that property. Often the non-inheriting spouse tells me, ‘That’s not my property and I don’t need to sign.’ Signing to list and sell, and ultimately to close on that property’s sale is for the non-inheriting spouse’s protection.  The spouse who did not inherit the property is signing away both his rights and his further responsibilities to that inherited property.

In contrast, South Carolina is not a dower state, it’s a Homestead (owner Screenshot 2016-03-29 08.48.24occupied) state and common law jurisdiction – what’s hers is hers, what’s his is his. Any husband or wife may freely and individually buy or sell any property with no benefit or responsibility to the other party. As long as the spouse is not on title, the spouse will not be required to sign, and perhaps more importantly, not be due any proceeds.

In the case of a married couple who has purchased a home together, but with only one spouse on the title in SC, if the other spouse wishes to receive a portion of the proceeds from closing and the parties don’t agree, that non-titled spouse must be awarded a court order for the proceeds to be divided.

*A Caveat – properties owned by an entity, such as an LLC or Corporation, or an interest owned by a Trust follow different rules of law and the above doesn’t apply.

NOT INTENDED FOR LEGAL ADVICE – Consult your favorite real estate attorney for full details.

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Chrystal is a REALTOR®, Broker in Charge of Real Estate Realty LLC, a boutique firm specializing in working with investors, and principal of The Safari Group LLC, a local,cbs isa homegrown real estate group, specializing in all phases of the residential and small business real estate market, including First Time Home Buyer, New Construction, Finance, Marketing, Objection Handling, Relocation, Technology, Foreclosures, Short Sales, Portfolio Development, Luxury Homes and GREEN Features.  Contact her at 704.562.1030; TXT for faster service

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Avoid Foreclosure – AND the Tax Man

stop-foreclosure1Have you ever wondered why some foreclosures sit on the market for what seems like forever and others are foreclosed on right away? The homeowner who has diligently paid their mortgage on time year after year and have built up equity in their home are foreclosed on first! The bank sees the value and plans to make back their money AND get your equity when they auction off your home.

Other homeowners who have little or no equity are allowed to remain in the home without payment sometimes for years!  Banks know they will reduce the incidences of vandalism and have someone who may keep up the home for free if they are allowed to remain.  It also allows the market to appreciate over that time so that a future sale will be more profitable for the bank.

Then, if that’s not enough, the IRS will charge you income tax on the loan amount

tax man in the form of a 1099 Miscellaneous. Your foreclosed loan is taxed as earned income in that single tax year!

Unfortunately sellers lose their home and their equity to banks all the time and then have the double jeopardy of having to pay an additional tax in already distressed situation.

You have options the bank doesn’t want you to know about.  I can help. Call me or go online here and answer a few questions, and I’ll work with you to get what you want for your home and get you moving forward again. I am a REALTOR®, but this is not about listing your home for sale.  I am also an investor and this is about getting you what you want for your house, helping you prevent foreclosure and the taxman. Don’t wait until you’re more than two to three months behind.  Then, it’s much harder to help you get what you want for your house.

cbs isaPlease call me as soon as you know you can’t make your payment.  I’ll ask a few confidential questions by phone to see if my team and I can help, and schedule a visit to see your property.  Call or email me today.  Click this link to see the questions.  My team and I can help you prevent foreclosure, the taxman and get you moving forward.

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Here’s a testimonial from a loyal fan:

‘Chrystal, your experience and professionalism helped me prevail through difficult times in the listing and sale of my long-time family home.

From creating professional marketing materials including onsite brochures, online photo tour, and email blasts, promotion of my listing through TwitterFacebookLinkedIn and YouTube.com, to showing the house 6 of the 24 times it was shown, you were on the job.

After the property was under contract, your previous experience and successful resolution of similar problems discovered during the home inspections helped me work through a difficult transaction that included a breakdown in communications, unexpected property conditions and lender required repairs, and keeping the buyer on track with lending requirements and in love with the house until closing.

I couldn’t have done it without you.  It’s my pleasure to recommend your real estate services to everyone I know.’

Tony Sweatt, Fort Mill, South Carolina