Category Archives: Marital Home

House vs. Home

The marital residence is an emotionally charged asset, and its disposition in a divorce often impairs good decision-making. Divorcing spouses, who sometimes fight tooth and nail to keep it, often do not realize that neither can afford it alone. During … Continue reading

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House Appraisal in a Divorce

Most states use a system to ensure equitable distribution of property, which attempts to fairly compensate divorcing spouses for their contribution to the marriage. Equitable means fair, and does not necessarily mean a 50-50 split. The divorce distribution generally favors … Continue reading

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Co-Own the House After a Divorce

Sometimes divorcing couples co-own a house after a divorce so that their children may live there until they are older. In this routine, the parents normally agree to sell the house when the children reach a certain age. There are … Continue reading

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When One Partner Keeps the Home

When one spouse keeps the house, the judgment normally sets forth a date when he or she refinances the house and buys out the other spouse’s equity. This removes the other spouse from any financial obligation. Similarly, the judgment provides … Continue reading

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Financing Woes

The transfer of the marital house can become a mine field of financial woes. They may include: Sometimes the divorce judgment does not specify a date by which the house is to be refinanced, nor what happens in the event … Continue reading

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Divorce and the Homestead – A House is Not a Home

Sometimes when a couple divorce, the marital home, as it is called, is the largest asset the couple divides. The family home, the symbol that, during the happier times, became a metaphor of all the hopes and dreams of a … Continue reading

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First Comes Love, then Comes the Mortgage

A new study by Coldwell Banker suggests that couples in a committed relationship are more likely than their parent to buy a house before getting married. The Coldwell Banker survey comes with a recently released study by the Center for … Continue reading

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The Piper Must be Paid: The Mortgage in a Divorce

One of the largest assets a married couple normally own is the marital home, and one of the most important decisions spouses make when they divorce involves the mortgage. For most couples parting ways, a decision about the mortgage must … Continue reading

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