In legal terms during a divorce, a disposition is defined as the court’s final determination as to the division of assets. During a divorce, your Ventura divorce attorney will explain the process of disposition of a marital home shared by a divorcing couple.
Questions Regarding the House
When coming to a conclusion regarding the house, three questions must be decided upon:
1) Who, if anyone, wants the house?
2) Is either party able to pay for the house?
3) Can there be an agreement upon the value of the house?
Potential Solutions Your Ventura Divorce Lawyer will Point Out
The questions yield three potential answers:
1) The couple will sell the house and divide the money they received for it.
2) The couple will agree on the house’s worth and its worth will be divided as part of the marital estate.
3) The couple cannot come to agreement regarding the house and the resolution will come via the legal process.
The Process of the Disposition of a Home Can Be Simple or Complex
In circumstances such as this, the disposition can be an easy or difficult process for your Ventura divorce attorney, depending on the desires for the couple. If, for example, the decision is made that neither party wants to keep the house, the disposition is a matter of either selling it or adding the house’s value to the marital estate. If the house has to have a determination on its value, it becomes more of an extended process. If it is necessary to have the matter litigated, it becomes complex.
There Are Choices in the Disposition of the House
The disposition process can be costly or inexpensive, depending on the couple’s desires regarding the house. The house will receive a market analysis from a realtor as to what the sale price of the house will be. The realtor has received training and a license to come to this conclusion and may wind up costing thousands for the service.
The decision to put the house up for sale and split the money is the least risky solution. Letting the dispute be decided in court is the riskiest solution. Your Ventura divorce lawyer will detail all the choices and assist you in making your decision.
Contact an Attorney to Discuss the Disposition of your House
In the event of a divorce, the disposition of a house can either be a difficult or relatively easy aspect of the case. Ventura divorce attorney Gary Mitchell can help you regardless of the decision that is made regarding the marital home. Contact Gary Mitchell at 888-452-1846 to discuss your case today.