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Property Issues

Going through a divorce can create a number of housing-related challenges. These problems can vary depending on individual circumstances, such as financial stability, the nature of the relationship, and whether children are involved. 

There may also be issues if you have been cohabiting. See our section on cohabitation under divorce if you were not legally married when you separated.

Here are some common issues you may need to consider:

home
  • Who Stays and Who Leaves: Deciding who stays in the marital home can be contentious. Often, one spouse may want to keep the house, while the other might want to sell it and split the proceeds.

  • Legal Ownership: If the home is owned jointly, determining how to split the equity can be complicated. If only one spouse is on the deed, the other may face the risk of losing their home.
  • Maintaining the Mortgage: If one spouse keeps the home, they must prove they can afford the mortgage on a single income. This can be difficult, especially if the household relied on dual incomes.

  • Refinancing Challenges: If one spouse wants to buy out the other, refinancing may be necessary. However, refinancing can be difficult if the spouse lacks sufficient credit or income.

  • Rental Costs: The spouse who moves out might struggle to find affordable housing, especially if they have to pay child or spousal support in addition to covering their own living expenses.
  • Stability and Continuity: If the family home is sold, children may have to change schools, lose proximity to friends, and face additional emotional stress from moving.

  • Custody Arrangements: Housing can influence custody decisions. A parent who remains in the marital home may be more likely to secure primary custody, especially if it allows the children to maintain their current living situation.
  • Disputes Over Possessions: Beyond the house itself, disputes can arise over who gets household items, which can add to the emotional strain.

  • Court Involvement: If the spouses cannot agree on what to do with the home, the court may have to intervene, leading to legal fees and prolonged stress.

  • Emotional Attachment: Letting go of the family home can be emotionally difficult, as it may represent years of memories and stability.
  • Relocating for Work or Family: One spouse might need to move to another city or state for work or to be closer to family, complicating the situation further, especially if children are involved.

  • Temporary Housing: During the divorce process, one spouse may need to find temporary housing, which can be costly and stressful.
  • Timing the Sale: Selling a home during a divorce can be challenging, especially if the housing market is down. Both parties may have to agree on the timing and terms of the sale.

  • Division of Proceeds: Once the house is sold, dividing the proceeds fairly can lead to disputes, especially if one spouse believes they are entitled to more due to non-financial contributions, like child-rearing.
  • Property Laws: Property division laws are not straight forward when it comes to divorce. It is not necessarily a 50/50 split and if it goes to court, factors such as who has residency of the children and financial contributions to the property may have a bearing on any decisions made by the court.

  • Debt Responsibility: If the home has a mortgage or other debts tied to it, determining who is responsible for paying them can be complex.

Navigating these housing issues during a divorce requires careful planning, open communication, and often the assistance of legal and financial professionals to ensure that both parties reach a fair and workable resolution.

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