Divorce and Foreclosure Questions For Investors What do you need to know about divorce and foreclosure? Divorce and foreclosure concerns both the parties in the divorce. In a Divorce, one spouse (known as the Plaintiff) can file for divorce and request that their prior marriage is nullified and their name be removed from the marriage records. On the other hand, the Husband (or "Plaintiff") can ask that his name be removed from the marriage records and that the plaintiff spouse not be able to obtain a promotion or loan with their title. Foreclosures are situations where homeowners who were unable to pay for their mortgages suddenly lose their homes. The initial sale of the property is done under "prevention of foreclosure" and all capital gains tax and insurance are paid by the selling party. However, the homeowner still has to pay the mortgage, maintenance, and insurance on the property. The court will issue an order to the lender to sell the home. Once the sale ...