Marital Home
The primary residence where the married couple lived together, often the most valuable and emotionally significant asset in a divorce.
Understanding Marital Home
The marital home is frequently the largest single asset and the most contested item in divorce. Options include one spouse buying out the other's equity, selling the home and splitting proceeds, or one spouse keeping the home in exchange for other assets. Courts may also defer the sale until children finish school (a so-called Mesher order). Deciding what to do with the marital home involves financial analysis of equity, mortgage affordability, tax implications, and the children's stability needs.
Real-World Examples
She kept the marital home and refinanced the mortgage in her name alone, while he received an equivalent value from the retirement accounts.
Related Terms
A professional assessment of a home's fair market value, typically required when dividing real estate in a divorce.
Homestead ExemptionA legal provision that protects a portion of the value of a primary residence from creditors and may affect property division in divorce.
Fair Market ValueThe price a willing buyer would pay a willing seller for an asset, with both having reasonable knowledge of the relevant facts.
Have Questions About Marital Home?
Our AI advisor can explain how marital home applies to your specific situation — free, private, and available 24/7.
Ask About Marital Home¿Te fue útil? Ayúdanos a mantenerlo gratis.
divorce911.ai se financia completamente con donaciones. Cada dólar mantiene al asistente IA y las 1,700+ guías gratis para personas en crisis.
Know someone going through a divorce? This could help them.
This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.
Always consult a licensed attorney in your area for advice specific to your situation.