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Real Property Details For Divorcing Homeowners

Brady Webb
August 17, 2024

Real property details include all the property you bought that you owned before you got married or in a domestic partnership, as well as all the property you got after you were married or in a domestic partnership. Also included are debts that aren’t gifts or inheritances, which you share with your spouse or domestic partner (or both of you, if applicable).

In this article, we’ll go over how real property details can be a game changer for divorcing homeowners.

Before we start, it’s important to note that many of the same rules that apply to real property also apply to other community property. Community property includes all the earnings that either spouse or partner (or both of you) earned during the marriage and everything bought with those earnings.

The Property Division Process

So how does the property division process work? How do courts make a property split during a divorce?

For a general overview of property division, you’ll want to take a look at our article about it . In that article, we discuss the various types of property that will be divided, as well as the factors that courts use to determine what each side will get.

When it comes to real property, the process is pretty similar to how it’s done for other types of property. Courts will look at a few key factors to determine how big a share each side will get:

How long you were married.
How much and what kind of property you and your spouse own.
What each side's needs are
What each side's standard of living was during the marriage
What each side's future plans are.

Different states handle each of these factors differently. Some look at them as a whole; others may only consider a few factors, and others may consider just one or two factors.

Now that we’ve covered the basics, let’s look at how the process works in the real world, and how this may impact you and your property.

Factors in Property Division for Real Property

Like we said, how property division works for real property is pretty similar to how it works for other types of property. However, as we’ll discuss below, there are a few considerations that don’t exist for other types of property.

How Long You Were Married

The longer you were married, the more likely your spouse will get a bigger share of the property. Courts often look at the length of the marriage as a sign of the time and effort that you and your spouse put into the marriage. The longer you were married, the more likely that is to be seen as a big commitment on your part.

For example, if you and your spouse were married for 10 years, the court is more likely to see that as a big commitment on your part, and your spouse will likely get a bigger share of the property.On the other hand, if you were married for just a few years, the court is less likely to view it as a big commitment on your part.

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