Article

Making the Decision to Divorce: the House and Valuation of Marital Assets

Topic: DivorcePublished March 17, 2011

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When you make the decision to divorce, the house in which you live becomes part of a potentialrnsettlement. Those couples who have an amicable divorce are able to negotiate with one another,rnbut this is not the way it usually works. In most cases only one of the parties wants the divorcernand the house becomes a point of contention, a way to delay the inevitable. Sometimes the idearnis if they can delay the divorce and house distribution the party seeking the divorce will changernhis or her mind. Even if this were to happen a great deal of bitterness would ensue making thernhome a battleground for every imaginable argument. Instead of attempting to delay the divorce, the house should become a haven and means ofrnmaking a quick decision about property valuation and distribution. If each of you contributed tornthe household prior to the filing of the divorce, the house and its contents will need to be valuedrnprior to a final distribution of assets. If you are able to talk rationally you might choose to comernto a mutual agreement before the final divorce decree about the house. The more decisions you can make mutually the quicker things will flow and the cheaper it willrnbe since lawyers charge by the house, especially when it comes to the ancillaries (property, childrnsupport, alimony or spousal support, etc.). Before you make a decision about filing for divorce,rntalk to an experienced divorce lawyer. You want to make sure things move as smoothly asrnpossible and the house and other marital property are valued properly and distributed equitably.

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