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The Divorce and Property Division: The Worst Arguments

21st March 2011
By Christy in Divorce
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One of the worst arguments that accompanies a divorce is property division, especially when the property is real estate. The marital home tends to be a sore spot among divorcing couples, especially those who have been married for a long time. While the most equitable way to finalize the divorce and property division is to come to a mutual agreement this doesn’t often happen. In fact, very seldom do couples in the middle of a divorce and property division discussions come to mutual agreements unless it is for the benefit of the children.

When a couple cannot arrive at a mutual agreement in a divorce about property division, it usually requires the intervention of the court. In this case the judge plays the mediator in the divorce and property settlement which often means the couple must sell the marital home and divide any profits. Unfortunately when the court intervenes it can become traumatic for the children who are now losing their home in addition to having both their parents under the same roof.

Any time there is a divorce when property is involved, it can be a source of contention, especially if neither party to the divorce has left the home. In severe cases it can sometimes be easier for the couple to live together until some point in the future when they are in a better emotional state to discuss the finalities. Some couples also choose this alternative because neither of them has the financial resources to support themselves. Of course, the choice to remain in the house after divorce when there is property involved must be one of mutual agreement and will only work when the divorce is amicable, a very rare instance that usually only works for those couples who have just “drifted apart.”


Christy O’Connor is the founder of, a site that provides free phone consultations with attorneys and real estate experts. Get your consultation with a divorce lawyer now.

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