How is the family home divided in a US divorce?
In community property states (CA, TX, AZ, NV, etc.), the marital portion of the home equity is split 50/50. In equitable distribution states (most states), equity is divided fairly — usually 50/50 but can vary based on contributions, length of marriage, and other factors. Separate property (pre-marital equity, inheritance, or gift) may be excluded if properly documented and traced.
Should we sell the house or have one spouse buy out the other?
Selling is the cleanest option — you split the net proceeds and both start fresh. A buyout lets one spouse keep the home, but requires refinancing (qualifying for a new mortgage alone) and paying the other spouse their share of equity. In a down market, selling may realize less than expected. Consider carrying costs, school districts, and each spouse's ability to afford the home alone.
Is a home purchased before marriage considered marital property?
The pre-marital equity in a home is often separate property. However, appreciation that occurred during the marriage may be marital property, especially if marital funds paid the mortgage. If the non-owner spouse made mortgage payments or improvements, they may have an equitable claim. Always document the pre-marital value and trace post-marriage contributions.