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Should divorce make you sell your family home?

On Behalf of | Apr 17, 2024 | Divorce

Who will remain in the family when you go through a divorce? This is one of the concerns you may have when dissolving your marriage. It can create conflict that can further complicate matters. 

So, should you sell your home to solve this issue?

Can you and your spouse find common ground?

You and your spouse can agree on who will remain in the family home or how you will access it and then submit the agreement to court for a judge to formally approve it. Thus, you don’t necessarily have to go to court about this matter.

Do you want to sell it?

You and your spouse can also agree to sell the home. In this case, you need to be extra careful about your decisions.

One of the factors to keep in mind is ownership. Since California is a community property state, regardless of who purchased the home, if the purchase was made using money earned during the marriage, both parties legally own the home unless stated otherwise in a prenuptial or postnuptial agreement.

Note that this may also be the case even if you bought the house before you got married. For example, when you use the money earned before the marriage as a down payment for the home but the income of both parties to pay mortgage payments. 

Thus, obtain more information about these matters to determine ownership. Then, decide when to sell. Should you do so before, during or after the divorce? The right time will depend on the circumstances surrounding your case. Each option has its pros and cons. A real estate agent can help you make informed decisions.

Your family home‘s future when going through a divorce can result in conflict. Learn as much as you can to determine your next steps.