Dividing The Marital Home In a Divorce

The marital home is one of the biggest assets acquired during a marriage. What happens to the marital home also often becomes one of the biggest issues in negotiating a settlement. Under Maryland family law, there are many different options for the disposition of the marital home in a divorce proceeding. This is why it is important to have a skilled attorney who can explain all the choices thoroughly, and can counsel you as to the best option.

At Green & Weinstein, PC, we help clients negotiate the best and most fair use of the marital home as it applies to their circumstances. Our goal is to make sure everyone is amenable to an agreement so remaining issues can proceed smoothly. If your marital home is in dispute, contact our office today and let us help you work out an agreement in the context of the rest of your divorce action.

Marital Home Rights in Limited Divorce and Absolute Divorce

Limited Divorce: In this type of action, Attorneys Green and Weinstein can help you draft an agreement assigning who will have use and possession of the marital home. Included in this agreement will be stipulations as to who will be responsible for the costs associated with the home including, mortgage payments, utilities, taxes and maintenance. Attorneys Green and Weinstein can also help to draft and file the formal petition of separation with the court, which will include this agreement.

Absolute Divorce: Once an absolute divorce is granted, a spouse with custody of minor children can ask to remain in the marital home for up to three years. One of the reasons a court might order such an arrangement is to protect minor children from being uprooted from their schools and local friends. An agreement can also be executed determining who will pay house-related expenses.

We Have Experience With All Marital Home Issues

Our firm can also help you negotiate the distribution of the contents of the home, incorporating the division of these marital assets into either of the above agreements. If there is a dispute about the marital property, we are skilled in the areas of mediation and we can help facilitate a fair division without involving the court.

We can also help you negotiate the transfer of ownership of the marital home between spouses if this is what the parties decide to do. Should one spouse decide to buy out the other, we will work to negotiate a fair price. We can also handle all the transfer documents, payment schedule and terms of the move-out. If there are no children and the divorce has been granted, the court may order the house be sold. We can help with the sale of the marital home and the splitting of the proceeds.

Attorneys Green and Weinstein are here to help you remain practical when it comes to the future of the marital home. They can help you set aside the emotional aspect, making the process more efficient. Contact us today to schedule an appointment so we can help you decide what to do with the marital home.