Equitable and Not So Equitable Division of Real Estate in Divorce

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About This Course

The process of dividing and distributing real property between spouses in a divorce complex, inconsistent, and confusing. What factors do courts consider in deciding whether a sale, buyout or deferred sale is appropriate? Who will keep the marital home? How do courts divide the proceeds of sale? Can your client recover the money that his or her parents lent on the marital home? Real estate, unlike liquid assets, does not automatically become marital property subject to a 50/50 division even if held by spouses as tenants by entirety.

This CLE course will explain how the court applies various statutory factors in the division of real estate interests between ex-spouses. Lastly, the course will review issues involving the occupation of the marital residence by family members and how they would be treated in possible eviction proceedings.

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