How To Split a House in a Divorce—We’ve Got All the Deets

Divorce Settlement Agreement How To Split a House in a Divorce—We’ve Got All the Deets

How To Split a House in a Divorce—Find Out Here

Are you getting a divorce and wondering what will happen with your home? We will tell you all about the way your assets will be divided and help you determine how to split a house in a divorce.

Want to make sure your assets are divided fairly? Consider reaching an agreement on divorce-related matters with your spouse and filing for a friendly, uncontested divorce. Subscribe to DoNotPay and create a divorce settlement agreement that will help you avoid courts and expensive lawyers.

How Is Property Split in a Divorce?

The division of your property in a divorce will depend on the state where you live:

  1. Community property state
    1. Arizona
    2. California
    3. Louisiana
    4. Texas
    5. Washington
    6. Idaho
    7. Nevada
    8. New Mexico
    9. Wisconsin
  2. Equitable distribution state

Check out the table below for more details:

Community Property StatesEquitable Distribution States
  • Community property is any marital property that you and your spouse acquired during your marriage. This includes earnings, the property bought with those earnings, and debts incurred. This property will be divided equally. When it comes to separate property (anything purchased before marriage and inheritance or gifts), both you and your spouse get to keep it
Equitable distribution means that all property is divided fairly or equitably. When deciding who gets the house, the judge will consider the following matters:

  • Earnings of each spouse
  • Financial needs of both parties
  • Age and health of each partner

How Is a House Divided in a Divorce?

Divorce laws regarding property division differ from state to state. DoNotPay has guides on various states, including:

If you and your spouse need to split your marital home, you have three options in most states:

  1. Sell the house and split the equity
  2. Buy out the other spouse
  3. Defer the sale until later

Selling the House and Splitting the Equity

If your house is marital property, you can sell it and divide the proceeds equitably.

Once you retire the mortgage debt and pay taxes and other sale-related costs, you’re free to divide the remaining money equally. You should do the following before you sell it:

  • Get a home appraisal
  • Consult with your divorce attorneys if you have them
  • Talk to a real estate agent

Buying Out the Other Spouse

If you are the parent who got custody of the kids, you’ll probably want to buy out your partner. A buyout can take time, with both you and your spouse keeping an interest in the house for a while.

You will lay out all the terms of the buyout in your divorce settlement agreement.

If you are the spouse who is buying the house and you don’t have enough money, you can take out a loan or give up other marital property that’s worth as much as your spouse’s share of the house.

Deferring the Sale Until Later

Due to the constant change in the real estate market, you and your partner can wait until your house is worth more and sell it then.

If you and your spouse owe more than what your house is worth, selling it wouldn’t be practical.

Another reason why you might want to keep the house for some time is because of children. Maybe you want to wait until your children finish school and then sell the house.

The Advantages of an Uncontested Divorce

Filing for an uncontested divorce enables you to decide how you want to split the house instead of letting the court decide. If you work together with your spouse on all terms of your divorce, you can reach a perfect compromise without involving lawyers.

Don’t be afraid to attend mediation sessions if you can’t see eye to eye on everything. While you'll have to spend some money on mediation sessions, this option is still more affordable than letting your case end up in court.

An uncontested divorce is a cost-effective option since you and your spouse will avoid court hearings and pricey lawyers by agreeing on all aspects in advance.

Once you reach a compromise, you should spell out the terms of your divorce in a document called a divorce settlement agreement. Here are some of the matters that this document should cover:

Where Can You Get a Divorce Settlement Agreement?

If you don’t want to write the divorce settlement agreement by yourself, you can consider one of the following options:

  • Engaging a lawyer—If you decide to get a lawyer to write you a divorce settlement agreement, you can be sure that you will spend a lot of money
  • Downloading an online template—You can probably find all the divorce paperwork you need online, including a template for a divorce settlement agreement. The only downside is that all those templates are generic, and they won’t be tailored to your case
  • Using DoNotPay—Creating a divorce settlement agreement with DoNotPay will save you both time and money. With our help, you can create a well-written document that will include all the relevant details

Use DoNotPay To Get a Perfect Divorce Settlement Agreement

Once you and your spouse decide how you want to split the house, you can use DoNotPay to spell out all the terms that you agreed upon. All you need to do is sign up for DoNotPay and follow the steps below:

  1. Enter Divorce Settlement Agreement into our search box
  2. Provide all the necessary information
  3. Tell us whether you need a notary

We will generate your custom-made document that follows the laws of your state in seconds. The only thing that’s left to do is for you and your spouse to sign it.

If you want to learn more about divorces, visit our comprehensive learning center. We will answer any questions you might have, including:

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