Carton & Rosoff PC-Attorney at Law

Resolving disputes creatively

Mediation may help a divorcing couple with property division

Most New York couples who have been married for a long time have accumulated a great deal of wealth and assets. All such assets and properties that either spouse has earned during the marriage becomes joint marital property, which can be equitably distributed if the couple decides to divorce.

Property division often becomes hotly debated, with a lot of bitter allegations raised by the spouses toward each other. If the couple has a business together or they have a child or children, they will have no choice but to continue their relationship, even after the divorce. In that situation, attorneys often suggest that the couple consider divorce mediation in order to come to an amicable resolution.

When it comes to property division, one of the most controversial properties is the family home, since both former spouses might be emotionally connected to the property. There are often allegations by one or both former spouses that the other spouse is trying to cheat the first one out of the house by making false allegations.

In many cases, the couple might decide to sell the family home during divorce mediation. However, a one-on-one interaction during a bitter divorce may lead to issues that can affect the sale of the house. In order to sell the house in which the family has lived for years, it may be necessary to renovate the home before putting it on the market.

In the event of a conflict with the ownership, renovations do not always run smoothly. In other cases, the couple might be in emotional pain because of their relationship and, therefore, they may make an impulsive decision and compromise on the price that they can get for the home. Divorce mediation can help the couple to outline what the renovations on the house should cost so that they know exactly what to expect.

Source: The Washington Post, "The hardest part for parting couples: what to do with the house," Allison Klein, June 19, 2015

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