What Happens to the House in a Vermont Divorce?
March 21, 2025

For many couples, the family home is more than just their biggest financial asset—it’s also where memories were made, children were raised, and routines were built. So when a marriage ends, one of the most emotionally and financially significant questions becomes: What happens to the house?


In Vermont, there’s no one-size-fits-all answer. The outcome depends on a range of factors, including how the property was acquired, whose name is on the deed, and what’s considered “equitable” under state law.


Vermont Is an Equitable Distribution State


Unlike community property states, where marital assets are divided 50/50, Vermont follows equitable distribution rules. That means the court aims for a division of property that is fair, but not necessarily equal. When it comes to the house, the court will look at the full picture to determine who should receive it—or whether it should be sold.

 

Is the Home Marital Property?


The first step in deciding what happens to the house is to determine whether it’s considered marital property or separate property.


  • Marital property generally includes any property acquired by either spouse during the marriage, regardless of whose name is on the deed.
  • Separate property is usually property owned by one spouse before the marriage, inherited individually, or received as a gift—though even separate property can become marital under certain conditions.


For example, if one spouse bought the home before the marriage but both spouses contributed to the mortgage or improvements, the house (or at least part of its value) may be treated as marital property.

 

What Factors Does the Court Consider?


When deciding what to do with the house, Vermont courts look at a number of factors to determine what’s fair. These include:


  • The length of the marriage
  • Each spouse’s contributions (financial and non-financial)
  • The needs of any children
  • Each spouse’s earning potential and financial circumstances
  • Whether one spouse wants to keep the home and can afford to do so
  • Whether one spouse has primary custody of the children and would benefit from staying in the home

 

Common Outcomes for the House in Divorce


Depending on the circumstances, there are several ways the home can be handled:


1. One Spouse Buys Out the Other

If one spouse wants to keep the home, they may buy out the other spouse’s share. This typically involves refinancing the mortgage in their own name and paying the other spouse their portion of the home’s equity.


2. The Home Is Sold and the Proceeds Are Split

This is often the simplest option, particularly if neither spouse can afford to keep the house on their own or if neither wants it. The couple sells the house and divides the equity according to the divorce agreement or court order.


3. One Spouse Stays Temporarily

In some cases, especially where children are involved, one spouse may stay in the home for a set period of time (e.g., until the youngest child turns 18), after which the home is sold and the proceeds divided.


4. Both Spouses Continue to Co-Own

Rare, but possible—especially if the real estate market is poor or the home has sentimental value. This requires careful planning, clear agreements about expenses and responsibilities, and an exit plan.

 

Don’t Forget the Tax and Mortgage Implications


Whatever the outcome, it’s important to consider:


  • Mortgage liability—If both spouses are on the mortgage, both are responsible—even if one moves out.
  • Capital gains taxes—Selling a home may trigger taxes on the profit, though married couples can often exclude up to $500,000 in gains if certain conditions are met.
  • Refinancing challenges—The spouse keeping the home must qualify on their own for refinancing.


These financial and tax issues are why it’s important to work with both a divorce attorney and a financial advisor during this process.

 

Need Help Managing Property Division? Contact Deppman Law PLC


Dividing property—especially the family home—can be one of the most difficult aspects of divorce. At Deppman Law PLC, we’re here to help you understand your rights, evaluate your options, and reach a fair and sustainable resolution. Contact us today for a confidential consultation about your case.

How to Protect Your Business in Vendor and Service Agreements

March 16, 2026
Vendor and service agreements are a routine part of running a small business, but they are also one of the most common sources of legal disputes. Whether you are hiring a vendor, providing services to a client, or entering into a long-term business relationship, a well-drafted agreement is essential to protecting your interests. Taking the time to get these contracts right on the front end can prevent costly issues down the road. Scope of Work At its core, a vendor or service agreement should clearly define the scope of work. This includes what services or goods will be provided, the timeline for performance, and any specific deliverables. Vague or overly broad descriptions can lead to misunderstandings and disagreements about whether obligations have been fulfilled. The more specific the agreement, the easier it is to hold all parties accountable. Payment Terms Payment terms are another critical component. Your agreement should outline how much will be paid, when payments are due, and what happens if a payment is late or not made at all. For service providers, this may include requiring deposits or including interest or penalties for late payment. For businesses hiring vendors, it is equally important to ensure that payment is tied to satisfactory performance. Liability Limits Limiting liability is also key to protecting your business. Many agreements include provisions that cap the amount of damages one party can recover or exclude certain types of damages altogether. While these clauses must be carefully drafted to be enforceable, they can significantly reduce your financial exposure in the event of a dispute. Similarly, indemnification provisions can require one party to cover certain losses or claims, such as those arising from negligence or third-party actions. Disputes Another important consideration is how disputes will be handled. Your agreement should specify whether disputes will be resolved through litigation, mediation, or arbitration, as well as the location and governing law. For Vermont businesses, including a clause that applies Vermont law and designates a local venue can provide greater predictability and convenience if a dispute arises. Termination Termination provisions are often overlooked but can be just as important as the initial terms of the agreement. A strong contract will outline when and how either party can terminate the relationship, including for cause (such as a breach) or for convenience. It should also address what happens upon termination, such as final payments, return of property, or transition of work in progress. Confidentiality In addition, businesses should consider including provisions related to confidentiality and intellectual property. If sensitive business information is being shared, a confidentiality clause can help prevent misuse or disclosure. If the agreement involves the creation of content, designs, or other work product, it should clearly state who owns that work and how it can be used. Finally, it is important to ensure that all agreements are properly executed and reflect the actual understanding of the parties. Relying on informal arrangements or handshake deals can leave your business exposed if a disagreement arises. Even when using templates, contracts should be reviewed and tailored to fit the specific transaction and applicable law. Contact Deppman Law PLC For more information about drafting or reviewing vendor and service agreements, contact Deppman Law PLC. Our team can help you create contracts that protect your business and support your day-to-day operations with confidence.

What to Expect at a Vermont Real Estate Closing

February 11, 2026
Buying or selling real estate is one of the most significant financial transactions most people will make, and the closing is where everything comes together. While the process can feel intense, understanding what to expect at a Vermont real estate closing can help you feel more prepared and confident on the big day. In Vermont, real estate closings are typically handled by an attorney or title company, and the process is often more attorney-driven than in some other states. Whether you are buying or selling, your attorney plays a central role in ensuring that the transaction is legally sound and that your interests are protected throughout the process. Leading up to the closing, several important steps take place behind the scenes. One of the most critical is the title search. This involves reviewing public records to confirm that the seller has clear ownership of the property and that there are no outstanding liens or legal issues that could affect the transfer. If any issues are discovered, they must be resolved before closing can proceed. At the same time, the buyer will typically finalize financing, secure homeowners insurance, and review the closing disclosure, a document that outlines the final terms of the loan, as well as all costs associated with the transaction. It is important to review this document carefully in advance so there are no surprises at closing. On the day of closing, the parties will meet—either in person or, in some cases, remotely—to sign the necessary documents. Buyers can expect to sign a number of documents related to their mortgage, including the promissory note and mortgage deed. Sellers will sign documents transferring ownership of the property, most notably the deed. In Vermont, the deed is often a warranty deed, which provides assurances to the buyer that the seller has clear title to the property and the legal right to transfer it. Along with the deed, various affidavits and tax forms are also executed to complete the transaction. Funds are also exchanged at closing. Buyers will provide the balance of their down payment and closing costs, typically via wire transfer, while the lender provides the loan funds. The closing agent then distributes these funds to the appropriate parties, including paying off any existing mortgages, covering taxes and fees, and delivering the remaining proceeds to the seller. Once all documents are signed and funds are disbursed, the final step is recording the deed in the local land records. This officially transfers ownership of the property to the buyer. In many cases, the buyer will receive the keys to the property shortly after this step is complete. While most closings proceed smoothly, issues can arise. Delays in financing, title defects, or last-minute changes to terms can all impact the timeline. Having experienced legal guidance can help address these challenges quickly and keep the transaction on track. Ultimately, a Vermont real estate closing is a structured process designed to ensure that ownership is transferred properly and that both parties’ rights are protected. With the right preparation and support, it can be a straightforward and even rewarding experience. Contact Deppman Law PLC For more information about Vermont real estate transactions or to ensure your closing proceeds smoothly, contact Deppman Law PLC. Our team is available to guide you through each step of the process and protect your interests from contract to closing.