What normally happens with the house in a divorce?

We own a house, have 2 kids. Neither of us could probably afford the mortgage on our own. If I stayed, it would be pretty tight making the payments. What are my options here? If I divorce, should I try to keep the house? If not, does one of us have to stay there and try to sell it? The house has not been kept up very well. There is work that needs done, so it would be hard to sell without spending some money.

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    12 Responses to “What normally happens with the house in a divorce?”

    1. Cravin Says:

      One party Buys the Other Out or Its Sold and The Money Is Divided.

    2. jukeboxguy00 Says:

      Depends on the judge. one person might have to buy the other one out.

    3. life is like that Says:

      what normally happens is the house goes and the wife moves into a small house or crappy apartment….. she has to get a job and her two kids end up latch key kids… the lawyers get most of your hard earned equity… your husband will end up with a younger woman and end up complaining about how much he has to pay you… and you will both be just as unhappy without one another as you were with one another but now broke… and your kids…. they suffer the most… their whole world is shattered… they end up in the middle, meeting new boyfriends and girlfriends… they dont get why their parents split only to end up in other relationships that end up sour… because the honest trut is it isnt the marriage per say that is the problem, its the individuals and how they allowed themselves to depend on a marriage for self-fulfillment and then blamed the marriage when that failed…

      so having said all this… get yourself together…. and realize this isnt about your marriage its about you… and dont destroy your kids life….

      end of story.

    4. Nunya B Says:

      either someone keeps it or you sell it and split the equity…. and dont listen to the answer above me cuz she is obviously better than everyone else on here and doesn’t really have a clue about real life.

    5. SuzyQ Says:

      Try to sell it and split any proceeds. If you can’t get what you owe on it, you will have to split the debt. One could buy the other out of their share of the equity. In my case, I tried to keep the house and it ended up going into foreclosure. My ex wasn’t affected as I refinanced the house into my name before this occured. It’s tough, especially with the real estate market the way it is. Good luck!

    6. Celina Says:

      usually in a divorce the house is kept to who ever wants the house and if neither of them want the house then they sell the house and split the money 50 50

    7. Sheri G Says:

      You are in a difficult situation. In most cases, each spouse is entitled to half of the equity in the house – so if the house is worth $300,000 and the mortgage is $200,000, both entitled to $50,000 each.

      What usually happens is one spouse buys out the interest of the other. In the above example, one spouse would have to re-finance with a $250,000 mortgage so they can pay the other spouse their $50,000. The only other option is to sell the house and each takes their share of the proceeds.

      If the house is only worth what’s owing on it, then either both of you walk away from it and let the bank foreclose, or one of you takes over the house and mortgage.

      Only you can decide which is best in your situation.

    8. bna_bone Says:

      If neither the man or woman can’t make the note by them self they may find a friend to sell it to below market value (ie… having a fire sale). If they are lucky they may find somebody to buy it and they break even.

    9. Rick T Says:

      In some cases the house would be sold and divided evenly. Unless one one you can afford it but the other person would probably still get half of what;’s it’s worth. It’s really hard to say because in Judges eyes certain situations comes differently.

    10. Paul V Says:

      Unfortunately there is really no normal in regards to divorce. The best thing that you can do is try to work together. I know how that sounds, but in the end it makes sense. Although divorce is hardly an optimum time to work together, both of you have some of the same interests.

      Children
      Credit
      Monthly Bills
      Employment
      Health Insurance (children included)
      Stability (for the children)

      Define if these things are important to both of you and devise a plan around it. Nothing is more selfish than someone who wants to hurt the soon to be ex-spouse without regard to the children. If you can agree on the important issues, then you should be able to come to an agreement. If not, then the courts will do it for you. I would advise avoiding the courts.

      You have to decide what to do about the house. If neither of you can’t afford it you must sell. If both of your names are on the note, then both of you are selling it.

    11. Papa Bear Says:

      You’re worried about a piece of property while you’re planning to destroy you children’s lives by giving them a home without both parents in it? Statistically, at least one, if not both of your children will develop significant behavioral problems.

      If you really feel it necessary to damage your children’s lives, give them the house, than each you you live there for three weeks, than change. It’s call Bird Nest Custody. You rent a room, stay with friends, or relatives, on your off days. Once a week you take the kids for an evening.

      No dating or overnight guests while in the home.

      In the meantime, consider not being a failure as a parent and a wife in your child’s eyes.

      The Proper Care and Feeding of Marriage
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    12. jheckle Says:

      Usually the judge orders that you must sell the house and split the money.