Do you have to sell your house to divide its value in a divorce?
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Do you have to sell your house to divide its value in a divorce?

| Jul 14, 2021 | Property Division

When dividing the marital assets during a divorce, the biggest problem often centers around what to do with the house. You have many assets, but your home is probably the most valuable. Even if you haven’t fully paid it off, it may be worth much more now than when you bought it, and you both deserve a share of that value. 

The most logical way to approach this, for many couples, is to sell the house. Someone else gets the home, the two of you divide the money you earned, and you’re done. But what if you want to keep the house? Do you have to sell it?

Can you buy it from your spouse?

The biggest question to ask is whether or not you can buy the home from your spouse. They’ll want to sell so that they’re not on the mortgage anymore, but they don’t have to sell to a third party. If you can afford the home on your own, they can sell to you and still get the same financial gain. 

Of course, this may mean getting your own mortgage. You’ll first need to find out if you qualify for one under current market conditions that give you enough money to purchase the house. If you can, your spouse will likely be all for it, as this is faster and easier than selling to someone else. 

Remember that you may be able to let your spouse keep other assets to compensate them for the home. For instance, instead of dividing a retirement fund, you could give them the entire fund. You’ll have to decide if something like this is right for you, taking the time to look into all of the necessary legal steps