Dividing Real Estate in Divorce and Who Gets What


Divorce can be a tricky, messy subject for so many that are dealing with it or going through it. In order to determine who gets what during a divorce, there are some factors to consider. When dividing real estate in divorce, the judge or mediator might work with the couple to determine some key things to make an ultimate decision on who gets what.

When you go into divorce court, keep in mind that not everything is going to go in your favor. The judge rules based on a set number of regulations and steps they are given. Due to this, many people find themselves a bit frustrated when they leave the court room, but it is done to make sure that each party gets their fair share from the marriage.

How Assets and Real Estate is Divided in Divorce

There are times when the house that a person owns is their house before the marriage. In this case, the house usually stays with the person that purchased it. If the people have mutual kids together and the person that has the kids most of the time needs a place to live, they would also keep the house. This is dependent on the needs of each person that is fighting over the house and why they would want to keep the house or for what they might use it. Housing kids is important and would need to get priority.

In a case where the couple has purchased the home together after marriage then the value of the home and the assets within it are going to be split down the middle. Usually when this is the case, the home will then have to be sold so that each party can go their separate ways and not have to worry about who is going to get or live in the house.

Fighting Over the Real Estate

Sometimes one of the people in the fight want the home and the other walks away because they feel that this is the best thing that they can give to the other person or they feel that the other person would benefit from the use of the home. Other times, both parties are fighting over who gets the house and everything inside it. When this is the case, the judge has to consider all variables.

It is important that you get a lawyer to help you through this tough time and you speak with the other person. Not only can you handle this type of situation outside of the court room, but also you are able to hire a mediator that is able to take you through the entire process if you want to keep it away from the courts. This can be done. Just speak with your lawyer and possibly your spouse to see how they feel about it. You will then be able to enjoy getting more out of the divorce and openly communicating with one another without a whole court room staring at you.