Real Estate In Divorce

Real estate equity is commonly disputed in divorces. Real estate equity is the difference between what is owed on the mortgage and what the real estate is worth. Commonly, parties to a divorce will dispute who is entitled to what portion of the equity.

The presumption is that the real estate equity, like other community property, is divided equally. However, several different circumstances may cause real estate equity to be divided unequally, and one spouse or the other may be entitled to more than half of the real estate equity.

Other issues arise regarding real estate, as well. For example, one party may want to keep the home and is willing to buy out the other’s interest. Although there is no guarantee the courts will order this, it often can be accomplished.

Ultimately, since property values have increased so much in the last several years, real estate equity is often disputed in divorces. Divorcing clients who own real estate benefit from The Britt Law Group’s significant experience in handling real estate equity issues. We can help protect your rights.