Disposition of Principal Residence

What happens to a jointly-owned principal residence is usually a key item in a divorce agreement. The three most frequent provisions chosen are:

(1) sell the house and divide the proceeds with each spouse reporting his or her share of the sale on separate returns;

(2) transfer the house to one spouse or the other;

(3) retain joint ownership allowing the custodial parent to reside therein but delay the sale of the house until the occurrence of a specific event (remarriage of the custodial parent, children reaching specific ages, etc.).

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