A Large Decision: What to Do With the House in Your Divorce?

When it comes time to figure out what to do with the house in your divorce, you and your spouse might have a difficult time coming to an agreement. Your Houston family law lawyer might suggest breaking the question down into three separate questions:

  • Does either of you want the house?
  • Can either of you afford the house?
  • Can you both agree on a value for the house?

Answering these questions in sequence will hopefully lead to a satisfactory decision, either to sell the house and divide the proceeds, including the house in the marital estate for division or, if the parties cannot agree on either of those, refer the issue to a third-party trier of fact.

If neither party wants to keep the house, then the decision should be easy: The house should be sold. However, if you want to keep it and move on to the second question, then the process will become more complicated because evaluating a house adds to the complexity of the process significantly.

Consider whether it would be sufficient to obtain a market analysis of the value of your house when deciding to include the house in the marital estate. Market analysis by a realtor is a less expensive option than having an appraisal done, and both are far less time and hassle than taking the matter to court.

To get help deciding how to handle the house question in your divorce, consult a Houston family law attorney. Call Kay Polk, Attorney at Law at (713) 234-6260.