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How to Keep the Marital Home After Divorce in Alaska

Posted by Sarah-Kathryn Bryan | May 16, 2024 | 0 Comments

In Alaska, there are a few options to consider when it comes to keeping the marital home in a divorce, even if no enforceable prenuptial agreement exists between the parties.

One Spouse Can Buy the Other Spouse Out

One spouse can buy out the other spouse's share of the home by paying them their fair share of the equity. This can be done through refinancing the mortgage or using other assets to equalize the distribution.

The Parties Can Agree to a Deferred Sale

The spouses can agree to defer the sale of the home until a specific event occurs, such as the children reaching a certain age or completing their education. This option allows one spouse to live in the home for a designated period before it is sold. However, this option is risky and not favored, as non-occurrence of the specific event or a change in either party's financial circumstances could make the deferred sale extremely difficult.  This difficulty may also entail steep legal fees involving litigation of violating the divorce settlement agreement.

The Parties Can Agree to a Partition Sale

If neither spouse wants to keep the home, they can agree to sell it and divide the proceeds in an equitable manner. This option may be necessary if the spouses cannot reach an agreement on the home's ownership.

Shortell Law LLC - Knowledgeable Legal Counsel

It's important to consult with a knowledgeable divorce attorney to understand the specific laws and options available in your situation. Shortell Law LLC can provide guidance based on your unique circumstances.  To work with us, call (907)272-8181 today.

About the Author

Sarah-Kathryn Bryan

Sarah Kathryn Bryan is an associate attorney at Shortell Law LLC. Ms. Bryan handles cases in family law, business, employment, estate planning and general civil litigation.


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