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Dividing the house in a divorce

On Behalf of Green Mountain Family Law | Jun 25, 2025 | Property Division

Sometimes the hardest part of a divorce isn’t the decision to separate, it’s wondering what comes next. When emotions are high, even bricks and floorboards can feel personal.

The home you once built a life in may now feel like a symbol of what’s being lost. But for many, it’s also the most valuable asset they share and dividing it is rarely as simple as one person moving out.

Who gets the house?

When a couple owns a home together, that property is considered marital property, meaning it must be addressed during the divorce process. Whether the house is sold, refinanced or one spouse buys out the other’s share, it’s not something either person can simply walk away from without a legal resolution. 

In Vermont, marital property laws follow the principle of equitable distribution. That means property acquired during the marriage is divided fairly, though not always equally. This includes real estate, even if it’s titled in only one spouse’s name. Courts will look at a range of factors to decide what’s fair:

  • The length of the marriage
  • The contributions of each spouse
  • Each person’s economic circumstances
  • And more

This can lead to vastly different outcomes for different couples.

Dividing a home can get complicated quickly. In addition to financial and legal questions, there are often emotional ties to the place you once built a life together. You may be wondering: How much is the home really worth? Can one person afford to keep it? What happens to the equity? The answers aren’t the same for every couple, and the process is rarely straightforward. 

Going through this process alone can be overwhelming, seeking help from a legal professional can help offer clarity and peace of mind during this time. From reviewing documents to helping you understand your options, support makes a difference, especially when the future feels uncertain.

If you’re struggling with property division and unsure of where to start or worried about what comes next, consider reaching out for legal guidance.

 

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