How to Split a House in a Divorce?
Splitting property in a divorce can be tough. You and your spouse may be unable to agree on who gets what, and splitting a house in a divorce can be even more stressful.
If you’re struggling to settle how to split a divorce when seeking a divorce, reach out to Sarah Henry Law. We can help you get a fair split when you’re seeking a divorce and trying to split your house.
Division Of Property In Divorce
One of the most contentious issues is who gets the family home when a couple gets divorced. The process of dividing the property can be easier for you and your spouse to handle if you can reach a compromise on how to divide its worth in the most equitable way possible.
Spouses can work cooperatively to choose how to divide properties, liabilities, and assets fairly. However, a family court judge will ensure equitable apportionment of the house in case you and your spouse can’t agree on how to split it.
Scenarios On Splitting The Marital House
Splitting the marital house during a divorce can be a complex matter because of the numerous possibilities. In some cases, you may have a plan, and your lawyer can help. In other cases, your lawyer can help with litigation when you and your spouse can’t agree. Here are some ways your lawyer can help.
Both Spouses Don’t Want the House
This scenario is one of the easiest to handle. The couple can sell the house and divide the money between them.
To avoid conflicts in decisions, your lawyer may speak with a realtor who can give objective advice when making important decisions. This may include whether to accept or reject a proposal or make home repairs before putting the house on the market. It is best to detail all agreements in your court order, including documentation of a realtor’s services.
One Spouse Wants to Keep the House
If one spouse wishes to keep the house, you may be able to come to an amicable agreement splitting the costs of the house and other assets. The first thing to consider is if the spouse who wants to keep the house can afford it.
You and your spouse would need to decide whether or not to have the property appraised to determine the true value of the home. If there is still a mortgage on the home, then whoever would like to retain the home would need to procure a loan, refinance the house, and remove the other person’s name from the mortgage.
If the spouse is unable to qualify for the loan, the house may still need to be sold. This can be a complicated process, and you should be protected by a court order before agreeing to this arrangement.
Both Spouses Want to Keep the House
In this scenario, you need to consider the size of the marital properties. If there are assets other than the house, you may be able to keep the house and give your spouse other assets to split the marital property evenly. Otherwise, you may have to put your house on the market.
Who gets the house in this situation will depend on several factors aside from having the financial capability to pay for and maintain the house. If you have children, the spouse who ends up with primary physical custody of the children can be more likely to be given the house. That way, children need not be required to adapt to a new environment.
Consult A Divorce Lawyer for Splitting a House
There is no singular approach to dividing the house in a divorce. Luckily, you can get case-specific services that can help you keep or split the house in a divorce. Seek legal guidance with Sarah Henry Law to get the answers you need for you and your family.
Ready to seek a divorce lawyer’s help? Call up 864-478-8324 or fill out the following online contact form to learn more about our firm’s services.