Real Estate and Divorce

Marital Estate Law Attorney

Should you sell the house or keep it and pay your spouse his or her share of its value? Real estate is often one of the largest assets in a marital estate. Our attorneys are experienced in helping clients receive an equitable share of assets from real estate in divorce.

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First we discuss your goals. Do you want to keep the home so your children don't have to move? Would you rather convert your share of the marital property to cash?

Depending on when you purchased the property, how long you have been married and the source of the funds used to buy the property, our marital estate law attorneys will determine which real estate holdings are marital property and which are non-marital property.

The law considers inheritances, gifts, and bequests the property of an individual, not a couple. Many of the real estate issues we deal with involve the commingling of individual and marital assets to acquire property.

After identifying your goals, we will determine the equity and fair market value of all the real estate holdings in your marital estate. Then we will develop creative solutions to achieve your objectives while preserving the value of your assets and protecting them, as much as possible, from federal and state tax liabilities.

For example, if you decide to sell a real estate holding, we may counsel you to sell it while you are still married in order to take advantage of the larger capital gains exclusion available to married people.

Our lawyers have resolved thorny marital estate law questions clients, such as:

If the husband owned land before the marriage and build a house on it after the marriage, what portion of this asset belongs to him?

If a wife inherits money and uses it to purchase a vacation home, is it a marital asset? What if the money came from a business? Does the property become a business asset?

We are thoroughly familiar with marital law, real estate law and the tax implications of your decisions. To discuss your concerns about real estate and divorce, please contact our office to schedule a consultation.