Definition of a Matrimonial Home

The matrimonial home signifies the physical place a couple lived during their marriage.

In their book, "Divorce for Dummies," Thelma Fisher and Hilary Woodward define a matrimonial home as any property in which a married couple live together, whether they own or rent it. Even if only one of the pair signed the deed or title to the house, the matrimonial home belongs to both parties. If the divorcing couple cannot agree on the best way to divide the worth of the home between them, a judge will determine the home's value and how to divide it equitably between the divorcing couple.

Explanation

As your marriage ends, deciding the fate of the marital home can stir deep emotions.

The matrimonial home refers to a house, apartment, condominium, mobile home or other type of dwelling inhabited by you and your spouse.

Significance

Keeping the matrimonial home after a divorce may present a financial hardship for some people.

The matrimonial home usually represents the greatest singular asset in a marriage.

Effects

Regional and state laws vary with respect to disposition of a divorcing couple's matrimonial home.

Since divorce laws addressing division of assets differ among the states and abroad, your lawyer can advise you about the particular laws of your region and how they may affect your interests in the matrimonial home.

Considerations

Your divorce goals should be to work through and resolve issues together, without a Judge's involvement.

Ideally, you and your spouse should reach a mutually-satisfying agreement concerning disposition of the matrimonial home, including whether to sell the home or to arrange for one of you to continue living there while compensating the other for his share of the home's value.

Speculation

The spouse who is most in need of the marital home often receives it.

Frequently the spouse who has primary physical custody of the children receives the matrimonial house which counts towards his share of the distribution of assets.

Outcome

Anticipation soon replaces the initial sadness that often occurs when you move from the matrimonial home.

You and your spouse may decide that one of you should continue living in the house for the time being, particularly if you have children. This arrangement may give you and your children a respite before you begin the process of selling the matrimonial home and finding a new place to live.

References

• "Divorce for Dummies", Thelma Fisher and Hilary Woodward, 2004
• Divorce Net: Divorce and Real Estate
• Equality in Marriage: When Divorcing--Who Gets What Where

Resources

• Journal of the American Academy of Matrimonial Lawyers