Dividing the Marital Home Even When Spouses Arent Speaking


What steps should a divorcing couple take to sell their house when they can't communicate with one another? In Georgia and elsewhere, couples are faced with this question when dividing their marital property. As we all know, divorces can be emotional, and the emotions may run even higher when discussing the home the couple used to share.

When getting assistance from a third party, such as a real estate agent, it may be helpful for a divorcing couple to have both a man agent and a woman agent present to assist the process. This may make the tension between the couple more cooperative and comfortable. Agents helping the couple should be aware they will likely have to have the same conversation with each spouse. Divorcing couples should be intentional when choosing their agents; they should seek agents who understand that selling the house during the divorce process may be emotional.

Georgia is an equitable distribution state, which means that if a divorcing couple cannot agree on how to divide their property, a court may make decisions on the property division based on what is fair. In dividing marital property, not all property is necessarily divided. There are two types of property -- marital and nonmarital property. Pieces of property that may be considered for equitable division include homes, checking accounts, retirement accounts and household items. Nonmarital property stays with its owner.

Having to divide marital property is a reality in most divorces. However, it is important to be as cooperative as possible so that the process is efficient and spouses may begin their new lives.

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