While the variations are many, options for divvying up home equity in a divorce fall into three basic categories. Sell the house and split the equity. Buy out one spouse. Co-ownership of the home/deferred sale.
Separation Agreements for Common Law Couples. For common law couples—i.e., couples who have lived together but never married— there is no formal process that must be followed in order to separate, and no need for divorce. Common-law couples can dissolve their union at any time, with no required legal action.
There's no magic formula – The “right” split is highly circumstantial Start an honest, transparent conversation early on. Set up a vesting schedule. Consult finance and legal consultants. Document the splits accurately in your cap table. Update your cap table if and when any of the equity split details change.
Principal options for splitting a house in a divorce include buying out your spouse's share, selling the home and splitting the proceeds, or joint ownership. Buying out the other spouse's share involves compensation through payments, giving up other assets, or adjusting alimony or retirement benefits.
Damage to Your Child Custody Claim Moving out of your home can significantly compound your divorce situation if you and your spouse have children. Before you make any decisions you can't reverse, consider how moving out can cause damage to your child custody claim.
Whatever the reason, today's truth is that women, not men, take the financial hit in divorce -- and it takes years to recover. Multiple studies conducted over the last 10 years all demonstrate that a woman's income drops significantly after divorce, while a man's stays the same or increases.