When a couple goes through a divorce, they may experience a range of emotions, from sadness to anger. This anger may become even stronger if the couple cannot agree on how to split their assets, specifically real estate, in California. A recent article describes the options that divorcing couples have when they can’t agree on how to approach real estate property division.
In cases where one spouse wants to retain the home while the other wants to sell it, they must come to some sort of agreement that satisfies both parties. If this is impossible, a court will have to get in the middle of the debate. When this happens, a judge may make a decision that displeases one or both parties.
If the house does end up having to be sold, the couple may struggle to agree on which real estate broker to use. Another sticking point may be that even if the court forces the sale of the home, the spouse who wanted to stay in the home may make it difficult to sell the property. For instance, keeping the house messy and unattractive to prospective buyers has been one way that disgruntled spouses have tried to block a home’s sale.
If a divorcing couple can’t reach a mutual decision on how to handle real estate property division in California, a judge will have to intervene for them. Coming to an agreement on the matter either through a prenuptial or postnuptial agreement will increase the couple’s chances of having their property distributed in a manner that makes them both happy. Both parties of a divorcing couple have the right to pursue their own interests concerning property division while trying to reach a comprehensive solution with each other.
Source: Reuters, Splitsville? How to divide property in a divorce, Geoff Williams, Oct. 7, 2013