For many couples, the marital home is the most significant shared asset—and the most emotionally charged. Deciding who keeps the house, when someone moves out, or what happens if it must be sold can quickly become complex. Without the right terms in your settlement agreement, you risk confusion, delays, and costly legal disputes after the divorce is finalized.
If you’re divorcing in Georgia and the marital home is part of the equation, here are the key terms that should be clearly outlined in your agreement.
Who Keeps the Home—and When Does the Other Party Move Out?
Start with the basics:
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Which spouse is keeping the marital residence?
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What is the specific deadline for the other spouse to move out?
It’s important to have this in writing to avoid conflict or uncertainty. The agreement should also spell out what furniture or furnishings the departing spouse is allowed to take.
Handling Mortgages and Titles
If both spouses are on the mortgage or the deed, additional steps must be taken:
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The spouse keeping the home should refinance the mortgage to remove the other’s name.
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The spouse who is not keeping the home should sign a quitclaim deed to transfer their interest.
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Your agreement should include a clear deadline for both the refinance and the signing of the quitclaim deed.
Without a refinance, both parties remain financially tied to the home—and one person’s missed payments could impact the other’s credit.
Equity and Buyouts
Does the spouse keeping the home owe the other a payment for their share of the equity?
If so, your agreement should include:
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The amount or method for calculating equity
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A specific deadline for making the payment
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What happens if the payment isn’t made on time
This ensures both parties are treated fairly and prevents delays or disagreements later.
What If the Refinance Doesn’t Happen?
Sometimes, refinancing isn’t possible. In that case, the settlement agreement should specify that:
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The house will be listed for sale if refinancing isn’t completed by a certain date
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The agreement should outline who chooses the real estate agent, who sets the listing price, and how price adjustments are decided
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It should also address how major repairs will be handled and how those costs will be split
Dividing Equity or Loss from the Sale
Finally, if the home is sold, your agreement should clearly explain:
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How any profits or equity from the sale will be divided
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How any losses or debts will be shared between the parties
Without this level of detail, even a straightforward home sale can lead to major disputes.
Final Thoughts: Be Specific, Not Vague
It’s common to feel overwhelmed when discussing the marital home during divorce—but vague agreements often lead to conflict later. A well-drafted settlement should be clear, detailed, and realistic. These terms don’t just protect your property—they protect your peace of mind.
Need Help Crafting a Strong Divorce Settlement?
If you’re dividing a home during divorce, it’s critical to get the terms right. Our team can help you think through every angle and put protections in place.
Schedule a discovery call to make sure your agreement is comprehensive and enforceable.
Jeanette Soltys, J.D., is a distinguished Georgia divorce attorney and a leading authority in alternative dispute resolution techniques such as amicable divorce. She obtained her Juris Doctor from Wake Forest University School of Law and is admitted to the bar in the state of Georgia. Additionally, she is a Certified Amicable Divorce Professional (CADP).