First of all talk to your attorney, this is my best advice.  Despite the fact that divorce is an emotional roller coaster, the process demands a reasoned and rational approach to the disposition of shared real property. This is especially true when there are outstanding loans that obligate each individual.

Remember the loan clause regarding each spouse being equally and severally liable for the entire debt?  If both spouses had originally signed for the mortgage and one one spouse is going to keep the property, it is of paramount importance that the other meets his or her obligation before signing over ownership interest.  It may be necessary to refinance the mortgage so that the other spouse can be paid off. Besides determining who should buy the other person out you must negotiate the division of property and assets. But even before this takes place, you need to know your share of the equity. Therefore you must evaluate the worth of the house, subtract the outstanding mortgage balance and then calculate your share of what remains. read more »