QUESTION
If one party wants the house how is it divided?
Asked on Jun 11th, 2015 on Divorce - New Hampshire
More details to this question:
Does the party who wants the house have to buy out the other, 1/2 the market value?
1 ANSWER
If there is equity (house value less mortgage balance) in the house, then the person staying would need to refinance the mortgage on the house plus pay the other spouse his/her share of the equity. If the person staying cannot get the funds to pay the other spouse his/her share, then the house may need to be sold. You should get an appraisal to determine the market value of the house. I don't recommend people rely on the assess value from the town. If there no equity in the house, then the other person will still need to refinance in order remove the other spouse from the mortgage obligation. Just because you get a divorce, does not remove the leaving spouse from the mortgage obligation. Just to clarify, court's do not divide 1/2 of the market value, the court's divide the equity. ALso, you should know that the court may award one spouse more than 50% of the equity if the circumstances justify it. Many thanks.
Answered on Jun 11th, 2015 at 12:25 PM