Not all real estate contracts are assignable. Certain properties, such as those sold by government entities or banks as REOs, often have clauses that prevent assignment.
(a) In addition to any other right under law to rescind a contract, the homeowner of a residence in default has the right to rescind a contract for the sale or transfer of the residence in default within 5 days after the execution of the contract.
The 'easy' way to assign the contract is to have a one page document stating that for some consideration, the 'buyer' transfers/assigns the contract to a new 'buyer'. Executing (signing) the assignment and receiving 'consideration' (eg $2000 or whatever) would then extinguish your rights to the contract.
What is a settlement? The settlement is the final stage in the home transaction. This is when the ownership of the property will be transferred from the seller to the buyer.
Home equity sharing may also be wise if you don't want extra debt reflected on your credit profile. "These agreements allow homeowners to access their home equity without incurring additional debt," says Michael Crute, a real estate agent and operations strategist with Keller Williams in Atlanta.
Let's say your home has an appraised value of $250,000, and you enter into a contract with one of the home equity agreement companies on the market. They agree to provide a lump sum of $25,000 in exchange for 10% of your home's appreciation. If you sell the house for $250,000, the HEA company is entitled to $25,000.
While the variations are many, options for divvying up home equity in a divorce fall into three basic categories. Sell the house and split the equity. Buy out one spouse. Co-ownership of the home/deferred sale.
Myth #1: Courts split marital property 50-50. Although divorcing couples may choose to divide their marital property through an equal division, under a Settlement Agreement, the Judge can split the property unequally under Maryland divorce laws.
The most common way equity is divided is by selling the house and splitting the proceeds. You will need to factor in some costs, such as a real estate commission, capital gains taxes, and things like to get your net share after the sale.