- with readers working within the Accounting & Consultancy industries
Schiller DuCanto & Fleck attorneys Anita M. Ventrelli and Michele M. Jochner recently co-authored an article for the American Bar Association’s Spring 2026 issue of the Family Advocate magazine examining the legal and practical challenges surrounding real property division during divorce. The article explores how emotional attachment to a family home often intersects with complex financial and legal realities.
Below are several key takeaways from their publication:
1. The Family Home Is Both Emotional and Financial
For many clients, the marital home represents stability, memories, and identity. However, during divorce proceedings, attorneys must help clients evaluate the home as a financial asset, including affordability, long-term maintenance costs, taxes, and the impact on other marital assets.
2. Ownership and Mortgage Liability Are Not the Same
A common misconception in divorce matters is that title ownership automatically determines financial responsibility. As the authors explain, signing a quitclaim deed may remove ownership rights, but it does not necessarily remove mortgage liability. Refinancing and lender approval remain critical considerations.
3. Timing Can Significantly Affect Property Rights
Whether a home was acquired before marriage, refinanced during marriage, or maintained with marital funds can impact how courts classify and divide the property. The article highlights how pre-marital contributions, inherited funds, and refinancing decisions may all influence equitable distribution outcomes.
4. Divorce Agreements Should Anticipate Future Issues
Pre-nuptial and post-nuptial agreements can help clarify ownership expectations and reduce future disputes involving real estate. The authors also emphasize the importance of carefully drafted settlement language addressing refinancing deadlines, indemnification obligations, and potential sale contingencies.
5. State Laws Matter
The treatment of real property in divorce varies significantly between community property and equitable distribution states. Understanding the governing legal framework is essential when evaluating ownership interests, equity claims, and division strategies.
The full article, “Home is Where the Heart Is? Legal and Practical Strategies for Navigating Real Property in Divorce,” was published in the American Bar Association’s Family Law Section’s Spring 2026 Family Advocate magazine and is available through the ABA publication platform for members.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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