Divorce - I need your brain power (Creative Financing)

[Daniel Pitner]

I'll try to make this short and clear, but there are a lot of moving pieces. 

I own 4 pieces of property but I'm going through a divorce. 

2 of them will be sold and I'm attempting to keep 2-- some VERY desirable land and a STR.

I need to pay off my lawyer fees before all the houses sell and qualify for these properties. Essentially I'm not liquid enough to make this happen. 

My plan is to refinance the land with hard money, pay off my debt (40k) with the cash and then take over my rental property. Exit strategy on the hard money is either refinance or (worst case) sell. 

Am I missing something? I keep thinking there are other creative things that I'm missing. 

In theory I can assume I both mortgages without refinancing which would be ideal. But I don't know where I can find private money for the 40k I need which is why I'm looking at hard money. 

[Henry Clark]

You need your spouses name off both the mortgages and titles.  Believe you will need to refinance to keep this clean.  

I would rethink keeping those assets.  Would sell them and split liquid assets.  If you just have to have them buy them. 

You have the capital gain taxes on the backend. Is that included in the divorce calculations or are you just taking gross appraised value?  

There are creative finance things you can do, but I wouldnt do them.