Planning for major life events may make them less stressful. Divorce is most definitely a major life event and when Colorado couples decide to part ways, having a long-term plan for leading separate lives might be a wise course of action. What to do with a jointly-owned family home should be included in that plan.
Both individuals have to be on the same page regarding what to do with their home, but one thing is for certain — neither can sell it without the other’s permission or a court order. In most circumstances, both have equal access to the home. Both spouses are entitled to live in the home until it’s sold or a decision has been made about what to do with it. If one spouse wishes to keep the home, he or she will more than likely have to buy the other spouse out. Most couples choose to sell the home and divide the assets.
If a couple can’t agree on family home particulars, they may choose to obtain help to sort out the details. The bottom line is if no consensus can be found, the issue may have to go the litigation route and what happens to the home will be decided by a family court judge. Although it may be difficult for a divorcing couple to agree on some major issues, it bodes well for them both to iron out their differences in these circumstances.
In any case, it may be beneficial for both individuals to seek independent legal advice. Each may do well to speak to a lawyer experienced in divorce issues. Getting a lawyer’s guidance may ultimately save both time and money in the long run.