The Family Home and Divorce

If you are like the majority of people facing divorce, your family home is probably one of your largest assets. While each couple divides this asset in a way that works for their unique situation, there is some general information you should be aware of when it comes to your property.

Beware of the status quo

When the home is community property, both parties have a legal right to occupy the home. Before you make any decisions about the home, such as who will remain in the home, and who will move out, you will want to talk with your attorney. Any type of move, even if it is just temporary, may set a status quo that could be difficult to change in the future.

Talk to your bank

You will want to know your options even before filing for divorce with regard to the home. There are specific rules mortgage lenders have when it comes to making a loan during a divorce or separation. If you have plans to refinance or to purchase another home you may need to discuss the timing of those events carefully with your bank and your attorney before moving forward.

Keep or Sell

The decision to keep or sell the family home often depends upon the parties’ financial situation, emotional needs and rental options within their community. You will need to seriously consider your future financial position and all options available to you. Parties may choose to sell when avenues to compensate the leaving spouse for their community property share are limited. The court may also order parties to keep or sell the home.

There is a lot to consider in planning an effective property transition when it comes to divorce. Having an experienced divorce lawyer can make all the difference to your process. Because we focus solely on family law, we understand the dynamics and can help guide you through your divorce. Please contact Elise Buie Family Law Group, PLLC for a consultation regarding your divorce. 

STAY UP TO DATE

Subscribe to our newsletters

 
Subscribe to one or more of our newsletters, delivering meaningful insight on topics that matter to you and your family.

FURTHER READING

Latest Blog Posts

Establishing paternity and parentage is important for many families and parents. Regardless of why you want to establish paternity and parentage, the process has the potential to be confusing, especially if you are unfamiliar with the terms and rules for…

After divorce, you may find yourself living on one less stream of income than you did when you were married and want to find a way to make up for it. Or even if you didn’t lose any income by…

If you are in the process of getting remarried, a prenuptial agreement may be the last thing on your mind. It should be at the forefront of it, however, as it can be beneficial for you, your spouse, and, if…

As a mom of four (now adult) kids, I remember well the flood of emotions that came each time they went to my ex’s, especially during the early days of my separation and eventually after my divorce. Not only was…

The holidays can look much different during a divorce than they did only a year earlier, and the changes can take some getting used to. The challenge is that you have to start somewhere, and in these “newer” moments, it…

You can use Collaborative Law to support your process of creating and negotiating a prenup with your partner.

In Washington state, if you are involved in a custody dispute, which involves difficult questions related to specific needs for your children or serious parenting deficits (such as mental health, substance abuse, or domestic violence), an evaluation service may be…

Apologizing can be hard, especially if you have a contentious relationship with the person you are apologizing to. If you want to have a polite (even friendly) relationship with your ex in the future, though, owning up to and apologizing…

In the same way that every divorce is different, so, too, is every divorce lawyer and the law firms where they work. From lawyers’ individual personalities, expertise, and experience to law firms’ varying cultures and values which provide the framework…

As a divorce and family law attorney, I have yet to hear of anyone getting married and opening a savings account for divorce fees should they need such an account down the road. I also do not know of anyone…