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What happens to a couple’s home when they divorce

by | Aug 28, 2016 | Property And Asset Division

The divorce process is rarely quick and easy. There are a lot of emotions involved, various topics to be discussed and paperwork to be filed. All of this can affect how long the divorce takes to be finalized. Of the many topics that will be discussed, property division may take the most time to reconcile, especially if the couple cannot agree on what will happen to their home.

It is not unusual for couples to purchase a home together at some point during their marriage. Often, the home they decide to buy is bought with commingled funds, making it marital property. This means that along with all of the other property that is considered marital property, when the couple is going through the divorce process and have to divide property, their home will be on this list of items.

Prior to starting the divorce process, spouses may be wondering who will get the home. Since it is marital property, it is typically sold and the money divided between the couple.  The outcome may change if the couple has children. For example, if there is one parent who has taken on most of the child-raising responsibilities, they may be awarded the home.

You cannot know what a judge will decide when it comes to the division of property. Of course, couples have the option to figure things out themselves if they fear a judge won’t divide the property the way they hoped. Regardless, it is wise for couples to hire an attorney to help them with the divorce process and the discussion of any divorce legal matter.