• January 9, 2024
  • Yoni Levoritz
  • Divorce

Divorce and Real Estate: The Fate of the Family Home
A guide by the Levoritz Law Firm

Divorce is a challenging life event that can uproot many aspects of our lives, including our housing situation. When a couple decides to separate, one of the primary concerns is what will happen to the family home. This blog post explores the various scenarios and considerations that arise regarding real estate during a divorce.

1. Selling the House:
In many cases, selling the family home is the most practical option. This allows both parties to equally divide the assets gained from the sale. Proceeds can be used to secure new individual living arrangements or pay off existing debts. Selling the house may also provide a fresh financial start for both parties, allowing them to begin anew and regain their independence.

2. Buying out a Spouse:
If one partner desires to remain in the family home or has primary custody of the children, they may explore the option of buying out their former spouse’s share. This involves paying them a fair market value amount, thus becoming the sole owner of the property. Before pursuing this option, individuals should carefully consider their financial capabilities and whether maintaining the property is feasible in the long term.

3. Co-Owning the Property:
In some situations, ex-spouses may choose to continue co-owning the family home, especially if they have children. This arrangement allows the children to maintain stability and minimize disruption during an already challenging transition. However, co-ownership relies heavily on effective communication, compromise, and maintaining a positive relationship post-divorce. Consulting legal and financial professionals to develop a detailed co-ownership agreement is strongly recommended.

4. Renting Out the Home:
Sometimes, divorcing couples decide to rent out the family home instead of selling it. By converting the property into a rental, they can cover mortgage payments while building equity for the future. This option could alleviate immediate financial burdens and provide a potential source of income for both parties. However, it is crucial to consider maintenance costs, tenant management, and the impact of being co-landlords after the divorce.

5. Emotions and Practicality:
While emotional attachment to the family home is understandable, it is crucial to approach the decision-making process objectively. It is essential to consider the financial implications, including taxes, mortgage payments, and maintenance costs, over sentimental attachments. Seeking professional advice from real estate agents and financial planners can help individuals make informed choices based on their unique circumstances.

Divorce brings about significant changes, including those related to real estate. When it comes to the family home, couples must navigate a range of options to determine the best course of action. Whether they choose to sell, buy out a spouse, co-own, or rent out the property, the decision should be rooted in practicality and careful planning. Seeking professional guidance and maintaining open lines of communication can help alleviate stress during this challenging time, ensuring a more seamless transition into a new chapter of life.

Looking for an expert Divorce Attorney?
If you are considering a divorce from your spouse, or have questions about your divorce process, call the knowledgeable and experienced attorneys at the Levoritz Law firm today at 855.213.3104 for a free consultation.


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