Q: When I divorced 10 years ago, I was allowed to continue living in the house until my son grew up, but I had to cover all the costs of the home, including the mortgage. Now that he’s gone to college, I want to sell my house, take my share of fairness and move it into a small apartment. My previous spouse wants to split the equity 50/50, but I think I should keep the property for years and receive credit to pay off the mortgage. Who is right? – Arana
A: It is understandable that the long-term impact of property ownership may not be addressed properly, especially when dealing with the complexity of divorce from children.
In addition to this, lawyers tend to specialize, and some family lawyers may not be familiar with the complexities of real estate law.
The final sale of the jointly owned property must proceed in the same way as other jointly owned property owners, as it was not addressed during the divorce lawsuit, intentionally or for oversight.
This includes filing legal action known as a “partition” lawsuit. In such cases, the judge will consider various factors surrounding the purchase and ownership of the property, as well as the dissolution of the couple.
This includes assessing how the down payment was made, who met the mortgage payments, and taxes and related expenses. Additionally, it also takes into consideration how the property has been used by you and your son.
Based on these considerations, the judge decides a fair split of revenues from the sale.
Such cases are effective in resolving property disputes, but can be costly and may take several months or more to resolve them in court.
Therefore, as is common in legal matters, it is recommended that you seek a resolution outside of court whenever feasible to minimize time and costs.
Alternative dispute resolution methods, such as mediation, should be considered to help resolve the dispute without having to go to court.
Board-certified Real Estate Attorney Gary Singer writes about legal issues in the industry and the housing market. To ask him questions, email him at gary@garysingerlaw.com or visit sunsentinel.com/askpro.
Original issue: June 12, 2025 6:30am EDT
