This will vary considerably depending on your own circumstances.
For some couples, a buyout reflecting 50% of the equity is appropriate, but in other cases one spouse may have invested heavily in a property or have other interests in the divorce that make a higher or lower division make sense.
The spouse who retains the home also takes responsibility for the mortgage debt of the home, so the court will typically view this as balancing your “loss” of the home, because you also lose a large debt load, taxes and maintenance costs, risk of foreclosure, and more.
It is possible, if you simply don’t feel that the buyout is a fair deal, to argue for your spouse to also cover the costs of refinancing the loan.
The attorneys at Zelenitz, Shapiro & D’Agostino know that in a divorce, financial matters and emotional matters are tightly intertwined, and that letting go of a home can be extremely difficult.
We can help negotiate the best arrangement for you. Call us today at 718-725-9601 and speak to an experienced Brooklyn divorce attorney for free.