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Photo of attorneys Irena Inman, David L Callahan, Dahlia Bonzagni and Laurel A Barraco
, Photo of attorneys Irena Inman, David L Callahan, Dahlia Bonzagni and Laurel A Barraco ,

Navigating divorce and real estate holdings

On Behalf of | Aug 25, 2022 | Divorce

The decision to get divorced is never an easy one. Along with the emotional stress that comes with a break-up, there are also many financial considerations to take into account. One of the most important aspects of any divorce is dividing up the couple’s assets and liabilities, which includes their real estate holdings.

What happens to the family home in a divorce?

In most cases, the family home is the biggest asset that a couple has. So what happens to it when they get divorced? The answer depends on a number of factors, including whether there are children involved and who will be staying in the home. If the couple can agree on who will keep the home, then they can simply transfer ownership to that person. However, if they can’t agree, then the home will have to get sold and the proceeds split between the two parties.

If one spouse wants to keep the family home, they will usually have to buy out the other spouse’s share. This can be done by refinancing the mortgage in their name only or by taking out a new loan. If the couple has equity in the home, they may be able to take out a home equity loan or line of credit to help finance the buy-out.

How about other real estate holdings?

In addition to the family home, couples may also own other properties, such as investment properties or vacation homes. These assets will also need to get divided up in a divorce. In most cases, these properties will get sold and the proceeds split between the two parties. However, if one spouse wants to keep a particular property, they may be able to buy out the other spouse’s share.

However, there’s a difference between marital and separate property when it comes to real estate holdings. Marital property is any asset that was acquired during the marriage while separate property is anything that was owned by one spouse before the marriage or inherited by them during the marriage. In some states, family law dictates that only marital property is subject to division in a divorce, while in others both marital and separate property may get divided.

Dividing up real estate holdings in a divorce can be a complex and emotional process. However, it’s important to understand all of your options and make sure that you are getting fair treatment in the division of assets.