If my wife and I are divorcing but it is very amicable, is there any way for us to retain joint tenancy?

UPDATED: Apr 25, 2012

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If my wife and I are divorcing but it is very amicable, is there any way for us to retain joint tenancy?

We are going to continue to live together as “domestic partners”. However, on the petition paperwork the only options for ownership of our house are full ownership by either petitioner or respondant.

Asked on April 25, 2012 under Family Law, Minnesota


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, you have a divorce and you have marital assets and debts and the court must have those separated for both of your benefit. One of you must have the house or you can both choose to sell the home and purchase another home together as joint tenants without "as husband and wife" part. Talk to your attorneys and see if retaining joint ownership is going to be appropriate and legally feasible since you may have other debts and assets that need to be offset. The court will need to research this issue and see how this could impact your tax filings since you would be filing separately at that point.

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