Divorce

Divorce real estate refers to the unique set of circumstances involving the sale, division, or management of real property (homes, land, etc.) during a divorce. Because real estate is often one of the most valuable assets a couple owns, its handling during divorce requires careful consideration. Divorce real estate involves legal, financial, and emotional aspects, with the main goal of equitably dividing the property.

Property Valuation

The home or property must be appraised to determine its fair market value.

Equity Division

The equity in the property, or the value after subtracting any mortgage, is divided according to the terms of the divorce settlement.

Divorce Real Estate Must Know

Sell vs Buyout

The couple may choose to sell the property and divide the proceeds, or one party may buy out the other’s share of the property.

Tax Implications

There may be tax consequences related to the sale of property, such as capital gains tax, or tax advantages, depending on the timing of the sale or transfer.

Emotional Impact

Real estate, especially a family home, often carries emotional significance, complicating decisions around whether to sell or keep it.

Important Things On Divorce

During a divorce, it's critical to establish the accurate value of the real estate. This often requires a professional real estate appraisal. The appraisal helps determine the fair market value, which is essential for equitable distribution, whether the property is sold or one party retains ownership.