How to Deal with the Marital Home in Divorce

How to Deal with the Marital Home in Divorce

A home is one of the most significant assets in a divorce case, but many people fail to properly address the disposition of their home in a divorce. Instead, they rely on the verbal promises made by the other spouse who wants to keep and reside in the home.

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More often than not, promises never materialize and the spouse that gets burned regrets the fact that they trusted the person that they were divorcing.

Before the marital settlement agreement is signed and submitted to the judge for approval, all of the home disposition contingencies must be addressed IN WRITING so that the contingencies are enforceable after the divorce is granted.

Verbal promises by your spouse mean nothing. Maintenance and child support have nothing to do with the disposition of your home. Neither does the disposition of retirement accounts and other marital assets. Threats to take the children away from you are false.

A home is a separate asset that needs to be addressed independently BEFORE the divorce is finalized.