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What happens to the marital home in divorce?

On Behalf of | Jan 22, 2024 | DIVORCE - Divorce

The marital home is often emotionally valuable but must be considered logically during divorce. This requires careful consideration to determine what option is the most appropriate for the current circumstances.

For individuals embarking on this process, it’s essential to understand the paths you can take regarding your marital home

Selling the home and dividing the proceeds 

One common approach is to sell the marital home and split the proceeds. This possibility is particularly practical if neither party can afford to maintain the home independently or if both parties wish to start fresh.

Selling the home can provide each individual with liquid assets, which can be crucial for their post-divorce financial stability. The division of proceeds depends on several factors, including each party’s contribution to the home and their financial needs. 

One spouse buys out the other’s interest 

In some cases, one spouse may wish to keep the home. This usually involves the interested spouse buying out the other’s share. The buyout can be a complex process, requiring a proper valuation of the home and an agreement on the buyout amount. It’s also essential to consider how the buyout will be financed.

Continuing co-ownership 

Some divorcing couples opt to continue co-owning the home post-divorce. This arrangement might be temporary until children reach a certain age or until the housing market improves for selling. Co-ownership requires high cooperation and transparent agreements on responsibilities like mortgage payments, maintenance and eventual property sale. 

Considering the legal and financial implications is vital in all these options. Factors like mortgage liability, tax consequences and equitable distribution laws in New York play a significant role in decision-making. Ultimately, each person must consider what’s best for their situation and move forward accordingly.