The fate of the family home in a divorce can vary depending on several factors, including the laws of the state, individual circumstances, and the agreements reached between the divorcing spouses. Below, some options for dealing with the family home are offered.
- Sale of the Home: In some cases, the family home may be sold, and the proceeds are divided between the spouses according to the agreed-upon division of marital assets. This approach is often taken when neither spouse wishes to keep the home or when selling the property is the most practical solution for financial reasons or to sever ties completely. The parties should take the real estate market in the local area into consideration when making the house deposition decision.
- Buyout by One Spouse: One spouse may choose to keep the family home by buying out the other spouse's share of the property. This typically involves determining the fair market value of the home and compensating the other spouse for their portion of the equity. The buying spouse may need to refinance the mortgage or use other assets to facilitate the buyout. It should be noted that marital property can also be used to buy out a spouse. For example, a retirement fund, brokerage account, artwork, or other property can be used in lieu of cash for the buyout of the family home.
- Co-Ownership: In some cases, divorcing spouses may opt to continue owning the family home jointly, especially if there are children involved. This arrangement allows the children to maintain stability by staying in the same home. However, co-owning the property after divorce can have challenges, and clear agreements on responsibilities, expenses, and potential future sale or buyout should be established.
- Temporary Use: In certain situations, the family home may be awarded to one spouse temporarily, allowing them to remain in the home until a specific event occurs, such as the youngest child reaching a certain age or completing education. Once the designated event occurs, the home may be sold or undergo another arrangement as agreed upon in the divorce settlement.
It's important to note that these outcomes may be subject to negotiation, mediation, or court decisions. Factors considered by courts when determining the fate of the family home may include the financial circumstances of each spouse, the best interests of any children, and other relevant factors. Consulting with a family law attorney will provide specific guidance based on the laws of the state to help you navigate the complexities of property division during a divorce.
For more information, contact a family law attorney near you.