The marital residence is not merely an asset

A marital residence often carries financial, practical, and emotional significance. Treating it as only a line on a financial statement can produce a settlement that looks acceptable on paper but does not work in practice.

Start with the complete property picture

Review title, purchase and refinancing history, current debt, claimed contributions of separate property, improvements, taxes, insurance, maintenance, and realistic market value.

Affordability is different from entitlement

A proposed buyout must be tested against refinancing ability, income after divorce, carrying costs, repairs, liquidity, and the opportunity cost of keeping equity tied up in the property.

Interim occupancy requires interim rules

While a case is pending, the agreement or court strategy may need to address access, mortgage payments, taxes, insurance, utilities, repairs, use of rooms, and preservation of the property.

A sale provision needs operational detail

Useful terms address broker selection, listing price, reductions, repairs, staging, access, offer acceptance, closing expenses, occupancy through closing, and allocation of net proceeds.