What does equitable distribution mean in a divorce?
What does equitable distribution mean in a divorce?
Equitable distribution is a legal theory whereby marital property is distributed equitably in a divorce proceeding. Property assets are classified as either separate property or marital property. Most US states follow the equitable distribution theory.
How does a buyout work in divorce?
To keep the house, you may be required to buy out your spouse’s equity in it, which is measured by the value of the house minus any mortgages owed on it. You might be able to “swap” assets. In other words, you would give up your half of some other assets you own jointly to pay for your spouse’s half of the house.
How is House buyout calculated in a divorce?
Calculating Buyout Amount After you know the value of the house, you can calculate the amount of the buyout for your spouse. Take the value of the house and subtract the payoff amount for your mortgage. Once you have this value, that will represent the amount of equity that you have as a couple.
Can I sell my house if my partner doesn’t want to?
If you want to sell and your partner doesn’t (or vice versa), one person can begin an action of division and sale in court. However, the other party can petition the court to a division of the proceeds, or to buy the place at a market price or one decided by the court.
