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Common divorce myths involve the marital home

Navigating the process of getting divorced in Montana can feel like going through a war zone as opposed to going for a walk in the park. Myths surrounding the divorce process unfortunately can make it even more difficult to get through. A couple of these myths involve the marital home and the children.

One misconception about divorce is that when one of the spouses moves out of the home, he or she has essentially given up his or her right to the residence. The truth is that the house in this case is still a marital asset. Thus, it will still be subject to property division.

Another misconception is that moving out of the marital home during divorce means that one does not have to make mortgage payments any longer. As mentioned in the above situation, the house will still be a joint asset. As a result, the liability associated with the mortgage will likely remain a joint responsibility.

When it comes to dividing marital property, such as the marital home, conflict can easily erupt during a divorce proceeding. After all, being emotionally attached to the home is normal. However, if both spouses can find common ground, they may be able to address this issue in an amicable way, without further court intrusion. For instance, perhaps the couple can agree for one spouse to keep the house and the other one to keep a chunk of the retirement funds, or they may agree to simply sell the house and split the proceeds. An attorney can help with making an informed decision when dealing with asset distribution in Montana.

Source:, "6 Prevalent Myths You'll Hear About Divorce", Andy Calloway, Aug. 9, 2017

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