What Happens to the Marital Home Upon Divorce
(Provided by National Legal Research Group, Inc.)

Divorce Manual We guarantee there is not a more informative resource on this subject anywhere! This Manual has been written by an family law attorney who provides an in depth discussion and analysis of this issue with valuable references to specific cases, journals, and other help resources for additional legal research is required. The total cost for the manual is $11.95.

Distribution of the marital home often poses special problems in the process of marriage dissolution. For many couples, their home is their largest asset, so selling it at the time of the dissolution may be the only way for both parties to receive a fair share of the marital estate right away. Yet one spouse may have a special need to continue living in the house, particularly if there are any children still living at home.

After identifying the distribution that will best serve the client’s interest, a lawyer must advocate persuasively for that distribution in negotiations with opposing counsel and, if necessary, at trial. The trial court’s distribution is usually reversible only for an abuse of discretion, so appeals challenging distribution of the marital home rarely succeed. In addition, in cases involving exclusive-use awards or deferred payments, counsel must take care when drafting the agreement or decree to anticipate and avert disputes that might arise later on.

Part I of this Manual discusses factors that bear on the decision about how the marital home should figure in the final award. Part II reviews considerations in structuring the distribution of the marital home.

What Happens to the Marital Home Upon Divorce
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Number of Pages: 7 (plus12 page comprehensive glossary)
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