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What to Do With Your Marital Home After Divorce

Real estate is one of the biggest investments you can make, and married couples often buy homes together. What do you do with your marital home after you get divorced?

Generally, there are three major options: selling your home, buying your spouse out or continued co-ownership. Here’s an overview of these options.

Sell the home

If you’re hoping to make a clean break, and neither of you have any desire to retain the house, you can sell it and split the proceeds and costs. However, if you’re behind on mortgage payments, or would have difficulty finding housing elsewhere (for example, a single parent with no income or someone with poor credit history), this may not be the best option.

Buy your spouse out

If one of you wants to stay in the home and the other would prefer to sell, the party staying in the house can refinance and buy their spouse out. This is a good option for parents who want to ensure their children get to stay in a familiar home. It’s also good for people who may have a tough time finding an apartment or house elsewhere. However, it’s important to remember that this may not be possible if the spouse staying cannot afford the loan payment, or has poor credit.


Finally, you can simply choose to continue co-ownership. Sometimes amicable couples co-own with the expectation that they’ll sell after certain milestones. For example, you might agree to keep the home now, but sell it after your youngest child goes to college. Or you could agree to wait until one spouse is able to buy out the other.

Remember that if you choose co-ownership, you’ll continue to share costs. You’ll also still have a mortgage, which could prevent a spouse from new housing or loan approval.

Talk to the experienced divorce lawyers at Appelhof, Pfeifer & Hart, P.A. in St. Paul, MN. Call today for a consultation.

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