What to do with the marital home in a divorce

What to do with the marital home in a divorce

On behalf of Stange Law Firm, PC posted in Property Division on Monday, March 11, 2019.

Home may be where the heart is, but when a married couple in Saint Louis County decides to divorce, what to do with the family home becomes a very pressing issue. After all, for many couples the family home is among their most valuable assets. Therefore, it is important that couples consider all their options when it comes to dividing the family home in a divorce.

The family home may have a lot of sentimental value for some, and sometimes one party wishes to keep the home, especially if they have children living with them. However, it is important to remember that homeownership can be expensive. Eventually, repairs and updates will need to be made on the property, and the party keeping the family home will be responsible for homeowner’s insurance payments and property taxes. Moreover, the person keeping the home will be responsible for paying the mortgage on a single income, after refinancing the property in their own name following the divorce. Parties should keep these expenses in mind when deciding whether to keep the family home.

Another option is to sell the home and divide the proceeds. This may be a good choice for couples who want to leave a place of unhappy memories behind them, or if they cannot afford to keep the family home on their own. A sale can cover the remaining mortgage, and once any applicable taxes and other expenses related to the sale are met, the proceeds left from the sale can be divided between the spouses.

In the end, property division and the family home can be very complex, not just financially but also legally. It is important that the division of assets is fair to both spouses. Couples should think practically when considering their legal options when it comes to property division and the marital home, keeping finances in mind and emotions at bay.

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