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Should you sell your family farm in a divorce?

On Behalf of | Aug 1, 2023 | Family Law |

The prospect of a divorce brings numerous challenging decisions, especially when it involves shared property. If you are in North Dakota and the shared property is a family farm, the situation can become even more complex. The farm may have financial, emotional and generational significance, making the decision about whether to sell it exceptionally weighty.

Here are some factors you need to consider when deciding whether to sell your family farm in a North Dakota divorce.

Evaluate the emotional connection

A family farm often comes with a significant emotional attachment, especially if it has been in your family for generations. Selling it may bring about feelings of loss and sorrow. Thus, you need to weigh these feelings against the practical consequences of keeping the farm.

Assess the financial viability

If the farm is profitable and can support you after the divorce, keeping it might be a viable option. However, if the farm is financially draining, it might be more prudent to sell it.

Consider the division of assets

In North Dakota, the law mandates an equitable distribution of assets in a divorce. This does not necessarily mean a 50/50 split but a fair division based on each spouse’s contribution to the marriage and their financial needs post-divorce. This law will greatly influence the decision to sell or keep the farm.

If there are children involved who may want to take over the farm in the future, you might want to consider keeping the farm within the family. However, it is important to discuss this with your children and consider their interests and ambitions. Whatever choice you make, you need to ensure that it aligns with your needs and plans for your future and your family’s future.