Who Gets the House: Divorce and Your Assets

People don't like to think of the end of something,any offer, just to get the situation over with.
but with divorce rates higher than ever before inIf one party wants to keep the house, they need
history, the reality that you and your spouseto be sure what its value is so that the division of
might split some day is a likely one. How youassets is equal and fair. There have been cases
divide the assets can be complicated.wherein a spouse with an emotional attachment
One of the largest assets couples oftento the marital home accepts it in a marriage
accumulate during a marriage is their home.settlement in lieu of a much more economically
Whether a spouse wants to sell the house orvaluable settlement. So maintaining objectivity is
keep it after a divorce is usually an emotionalvery important when determining who gets what.
issue. No matter what, you will need to determineHowever, there are some very real reasons why
how much it is worth, and who it belongs to.a person should stay in their home, for example if
If the home was purchased by one partnerthere are young children in the family for whom a
before the marriage, it may be consideredmove would be stressful. However, getting the
non-marital equity, and therefore belong only tohouse should not replace another more valuable
that one person. However, if there have beenoffer, but be one part of an equal division of
re-mortgages since the marriage, then theassets.
non-marital equity clause may be void and theWhen getting an assessment, don't rely on your
home may be considered the asset of bothannual tax assessment. These tend to be low
parties. This is when an accurate assessmentassessments, and a comparative market analysis
needs to take place. If neither party wants thewill be far more accurate. If there is any concern,
home, it can be sold and the assets divided.it may be wise to conduct any relevant
However it is a complicated process to sellinspections on the home, even if you aren't
together while undergoing a divorce. Greed orplanning on selling. This will reveal any problems
hostility on the part of one or both parties maythat may reduce the value, and will allow for a
make it very hard to settle on an offer. On themore accurate assessment.
other hand, an ex-couple might be relieved to get