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Ways a home may be divided in a divorce

Who gets the family home in a divorce may be a decision with both emotional and financial repercussions. However, an Oklahoma couple might not have control over how property division is decided if they go before a judge. A judge could force a sale and might not split the proceeds equally between the two. The person who has put more money into upkeep or renovations might get a larger proportion of the proceeds.

The judge might also decide to award the house to one spouse even if both own it if the house has been in the family of one person for a long time or if one person inherited it. The spouse with primary custody might also get the home because the judge's main concern is the best interests of the child, and staying in the home may result in more stability for the child.

The judge might weigh various assets and make a decision like awarding the house to one and an asset such as a retirement account to the other. However, some financial advisers weigh against taking the house in such a situation because the costs of maintenance may result in its worth being considerably less than the retirement account. Couples may also agree to stay in the home or alternate living in it while caring for the children.

Property division can be complex, but as the above examples demonstrate, there may be many creative ways of working it out. In some cases, a couple might be able to reach an agreement through mediation. If there is a prenuptial agreement, it may simplify the process, or the agreement might be challenged. Complications may arise if one spouse suspects the other of being dishonest and trying to conceal assets. A person going through a divorce may want to discuss any of these concerns with an attorney.

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