Since the house is very often the largest marital asset, sale is often the only option if both parties are to receive an equitable share in the distribution of joint assets. One the other hand, when the marital custodial parent (who is usually the mother).

Judges may consider other spouse; greater contributions by one spouse to its acquisition; upkeep (no small consideration in a time of "starter castles" and "Macmansions").

In general, therefore, couples have three choices. They can 1) sell the house and split the proceeds; 2) agree to have one spouse by out the other’s continue to own the house jointly. Each of these approaches has advantages, depending upon the situation of the divorcing couple, but in all cases both husband and wife are advised to think about the long-term consequences of their decision.

Selling the house, a very common course, raises possible tax considerations, the problems of renting versus buying, and getting a new capital gains tax if they have lived in the house for any two of the last five years.

A buyout by one spouse requires that the house be appraised independently. In this routine, after an division of property, so it is not taxable. The recipient does pay taxes on the interest, not the principal. The note is normally collateralized. Some divorcing couples do not like the fact that they are now in a debtor-creditor relationship.

A buyout gets one spouses name off the title, but it normally leaves his or her name on the mortgage. This may have an impact on a party’s credit rating.

Joint ownership often appeals to couples who want to keep their children in the same house until they finish school. In this arrangement, when the divorce happens, the couple become stay in the house, pays the mortgage, while all other costs are split evenly. When the children finish school, the parties sell the house and split the proceeds. Some divorcing couples may not like this arrangement because it makes former spouses business partners.

If the house must be sold, the provisions of the sale should address how, when, by whom and in what manner that sale is to happen. These terms and conditions become even more important now as the housing market slips into the doldrums.

Very often, when minor children are involved, their needs weigh heavily on a court in the distribution of a house that can accommodate them and their custodial parent, who is usually their mother. In addition, when weighing the distribution of a house, courts may consider a number of factors, including the attachment one party has to the house, the cost of upkeep, the availability of other assets, the encumbrances on the property, and the reduction of friction between the spouses through a property division.

For some couples the place they called home can be emblematic of the marriage, and here a note of caution is in find themselves house-poor.

For most owners, a house is a barren asset. Despite the availability of home real estate commission and other costs, which may be considerable, are not taken into account unless the sale of the property is reasonably foreseen.

Houses generally appreciate, but when they do, the taxes on it increase when the property is reassessed.

See also Valuation.