Dividing Equity In The Marital Home

Orange County divorce lawyer; The Maggio Law FirmWhen spouses decide to end their relation and seek a divorce, the biggest issue between spouses can sometimes be the division of assets, because when you go through a divorce, securing your financial future becomes a spouse’s top priority. An asset list will typically contain a number of different inventories, yet the most important one is almost always the family home. It’s the division of this asset that will witness the most resistance from both the spouses because one of the spouses may not want to sell it.

The importance of a family home cannot be understated. Financially, the property where you live is probably the largest asset. Emotionally, it is the place you started a family, the place you lived a significant portion of your life and so you will have a number of memories attached to it.

Dividing the Home

There are a number of different ways you can treat a house. If, however, neither of the spouses is willing to give up their interest in their family home, the courts will have to decide how to divide equity of the home between the two warring parties.

Determining Equity

For the family law courts to be able to divide the equity of the home between the two parties, it is important that there is an accurate figure of equity that has been determined. Equity of a home is found out by the formula of subtracting the debt of the home from the market value of the house and the costs that it would take to divest the home.

The value of the property will often also be disputed upon by both parties. In such a case, the parties need to agree to a joint professional real estate appraisal or get their own independent appraisal to determine what the market value of the property and thereby its equity is. At any point during this time, the parties can agree on the market value.

Dividing Equity

Once the amount of equity in a family home that has a mortgage loan has been determined, the equity for each spouse to receive can be determined. This process can be concluded before the actual time if the spouses agree to division of equity between themselves.

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.

No Legal Advice Intended: This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems. Full disclaimer.