How Is a Home Divided in a Divorce?
If the home is brought into the marriage as separate property, the Court will consider how much the home has appreciated and how much the parties have paid down the debt in order to determine each spouse’s interest in the home, but that property will remain as the separate asset of the original owner.
If the home is purchased during the marriage, each party is entitled to their equitable portion of the home. In many instances, the home’s value will be divided equally and the parties wild decide who keeps the home. If the parties cannot come to an agreement, the Court will entertain arguments about who should keep the home at what value, and can also consider ordering the home sold. The parties can also make contribution arguments in an effort to obtain a greater than 50% share of the home.
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