Pitfalls to avoid when dividing the home in a divorce

| Dec 26, 2018 | Property Division |

Couples in Texas who are getting a divorce and who own a home will need to divide it, but they should beware of some common pitfalls in doing so. For example, some people will fight to keep the house without realistically considering whether they can afford it. This was the case for one woman who spent six months negotiating to keep the home before realizing a better solution was to sell it and split the proceeds.

According to one attorney, while it is possible that a couple might amicably agree to sell the house as soon as they are able, this more often happens at the order of a judge. Another option is agreeing to sell the house in a year or two. If the couple are parents, they might want to combine this with a nesting arrangement if they can afford it and the divorce is relatively amicable. Nesting allows the children to stay in the home while the parents take turns living there.

If one person does end up taking the home, it is important that the couple is thorough with all the paperwork. Not removing one spouse from the deed is another common mistake that can lead to problems later if the remaining owner wants to sell the home or runs into financial problems.

Dividing the marital home is one of several elements of divorce that can be particularly emotional for couples. Another is deciding child custody. Despite the difficulty in negotiating agreements about these things, people often prefer the outcome over going to litigation. Attorneys might assist in negotiations and can manage all communication if the marriage breakdown is such that neither person wants to talk to the other. However, people should be careful about allowing their negative emotions to lead them to draw out the divorce longer than is necessary.