Divorce is a difficult process for anyone to go through, and it can be especially challenging when it comes to the division of property. One of the most significant assets in a divorce is the family home. When one spouse wants to keep the home, they may need to buy out the other spouse’s equity.
Keep reading to learn what a home equity buyout in a divorce is, how it works, and how to determine if it is the right decision for you.
What Is a Home Equity Buyout in a Divorce?
An equity buyout is when one spouse purchases the other’s share of the equity in the marital home. Equity is the value of the home minus any outstanding mortgages or liens. During a divorce, the equity in the home is typically split between the two parties. However, if one spouse wants to keep the home, they may need to buy out the other spouse’s share of the equity.
What Is the Home Equity Buyout Process?
The home equity buyout process can vary depending on the specific circumstances of the case. Typically, the spouse who wants to keep the home will need to come up with the funds to buy out the other spouse’s equity. This can be done in several ways, including:
- Refinancing the home: The spouse who wants to keep the home can refinance the mortgage in their name, which will give them the funds to buy out the other spouse’s share of equity.
- Paying cash: If the spouse who wants to keep the home has the funds available, they can pay the other spouse’s share of equity in cash.
- Offset against other assets: The equity in the home can be offset against other assets, such as retirement accounts or investments, to give the other spouse an equivalent share.
How to Buy Out Your Spouse’s Equity in Your Home
If you are the spouse who wants to keep your marital home, there are several steps you can take to buy out the other spouse’s equity:
- Determine the value of the home: The first step is to determine the current value of your home. This can be done by getting a professional appraisal or by looking at comparable homes in the area.
- Calculate the equity: Once you know the value of your home, you can calculate the equity in your home by subtracting any outstanding mortgages or liens.
- Decide on a buyout method: You will need to decide how you want to buy out the other spouse’s share of equity. As mentioned above, this could involve refinancing the mortgage, paying cash, or offsetting against other assets.
- Negotiate or mediate: If you and your spouse can agree on the value of your home and the amount of equity to be bought out, you can negotiate or mediate to come up with a settlement agreement.
- Go to court: If you cannot come to an agreement, you may need to go to court and have a judge decide on the value of your home and the amount of equity to be bought out.
Is a Home Equity Buyout Right for You?
There are several factors to consider when making this decision, including:
Financial considerations: Can you afford to buy out the other spouse’s equity? Will you be able to afford the mortgage payments and other expenses associated with owning the home?- Emotional considerations: Do you have a strong attachment to the home? Will staying in the home cause you significant emotional distress?
- Practical considerations: Does the home suit your current and future needs? Will it be feasible to maintain the property in the long term?
- Legal considerations: What are the legal implications of buying out the other spouse’s share of equity in terms of taxes and liability?
It is important to carefully evaluate each of these factors before deciding whether a buyout is the right choice for you. You may also want to consult with a divorce attorney or financial advisor to get a professional opinion on the matter.
Reach Out to a Maryland Family Law Attorney
If you are going through a divorce and need assistance with determining whether a home equity buyout is the right choice for you, our family law attorneys are here to help. With the assistance of a skilled family law attorney, you can get the guidance you need to make an informed decision and ensure that your financial future is secure.
Contact Milstein Siegel today at (443) 230-4674 or request a consultation online with one of our experienced Maryland family law attorneys.
