Questions about the house to bring to your attorney

Good to know: selling to us does not mean you have to do any of this yourself. A title company handles the closing paperwork.

Papers to bring

• The last recorded deed
• A recent statement for each mortgage or home equity loan
• The summons, petition, and any orders, if a case is open
• The latest property tax statement and insurance page
• Any appraisal, agent's opinion, or written offer you've received
• Anything already signed about the house, even if it's informal

Questions about selling

1. Given where my case stands, what does a sale need? Whose written consent, and in what form?
2. Does it matter that the agreement is between us, or do you want it filed or put in an order?
3. Can I sign a listing agreement or a purchase agreement yet?
4. Where should the sale money go until things are final, and who tells the title company?
5. If we can't agree on a sale, what can I ask the court to do, and what can my spouse ask for?
6. If we sell and split the money, how would a later change in the settlement be handled?

Questions about keeping it

1. What value date applies, and do we need an appraisal?
2. Can the decree set a deadline to refinance, and what happens if it's missed?
3. If one of us stays and the other stays on the loan, how is the other protected?
4. What gets recorded after the decree, who does it, and is our land Abstract or Torrens?
5. Does anything here affect how the IRS treats us later? Should I also see a tax preparer?

Questions if anyone has felt unsafe

Bring these only if you can do it safely. See safety and local help.

1. Who should sign and deliver papers, and can a meeting or closing be arranged so we don't meet?
2. Can my address stay off papers that get recorded or filed?
3. How do I keep the mortgage servicer from sending account information to the wrong person?
4. Do I have to try mediation? Minnesota's notice says a victim of abuse or threats of abuse isn't required to.

Sections your attorney may want to see

You don't need to read these, but they save a step for someone who does.

If you're looking for one

Free help depends on income and the kind of case. In Minnesota, try Justice North, 877-696-6529. In Wisconsin, Legal Action of Wisconsin takes applications at (855) 947-2529, though applying doesn't guarantee help. Other local options are on safety and local help.

This page was written by Even Ground Home Buyers, a company that buys houses. It's a list of questions, not legal advice, and your attorney's answer controls.