Law Offices of Jonathan Gladstone
Free Consultations 410-777-8228
Effective Representation for Complex Issues

How a house is divided in a divorce

A divorcing couple in Maryland that owns a home will have to figure out some way to divide their property. While a home cannot literally be divided between two spouses, the profits can be divided after the home is sold. Another option is for one spouse to keep the home while the other keeps an asset of equal value such as a 401(k).

If a divorcing couple cannot work out an agreement about the marital home outside of court, a judge may have to decide how to handle the asset. In some cases, a judge will force divorcing spouses to sell their home even if one or both spouses want to keep it. If a divorcing couple has children, a judge may decide to award the marital home to the spouse who has physical custody of the children so that the kids do not have to move.

There are some cases in which the marital home has been passed down in one spouse's family for multiple generations. A judge may take a factor like this into account when deciding how to divide the property. If one spouse runs a business out of the marital home, this could be another factor a judge may consider during property division proceedings.

After divorce paperwork has been filed and before the divorce settlement has been reached, a spouse may not be sure what to do. Although remaining in the marital home may not be ideal, an attorney may advise a divorcing spouse not to leave for a couple of reasons. If one spouse leaves the marital home, the other spouse may try to keep the home and argue that the spouse who left has abandoned the children.

No Comments

Leave a comment
Comment Information