Why Can My Home Be Divided During the Divorce?

Getting a divorce can be a tough thing for couples to come to terms with. They may feel hurt, angry and confused by the fact that their marriage is ending. For many people, the feeling of anger comes from not wanting the divorce. Others may experience anger when they realize what property and assets could be divided during the divorce process.

Property division is a topic that any couple who has acquired property after the marriage will need to discuss. One spouse may not feel as though their home will be included in this discussion because they purchased it prior to the marriage. Although it was a purchase made with only one spouse’s funds, if the other helped maintain the home, then it is possible that it will be considered community property. This means spouses may have to divide it if they divorce.

When people discover that property they thought was separate is considered community, they may become angry and discussions may be difficult. Like most divorce legal matters, spouses are able to try to work things out themselves before a judge has to step in and resolve any disputes. This means that there is still a chance that the spouse who purchased the home prior to the marriage can convince their spouse to give them the house.

Those going through a divorce may find themselves in arguments regarding property and assets. The process is easier when a couple is cooperative as they try to resolve their issues. Each state has its own laws, and every judge is different. Having an attorney to assist you as you work through the division of your property and assets can make the process quicker and less stressful for everyone involved.

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