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Divorcing Couple Built a Wall Through House

By Stephanie Rabiner, Esq. on May 02, 2011 6:48 AM

Ever wonder who gets the house in divorce proceedings?

Well, it might be no one.

After nearly 5 years of living in a Brooklyn brownstone divided by a wall, a judge has finalized the divorce of Simon and Chana Taub, ordering the pair to sell their oddly constructed real estate.

In August 2005, a judge ordered the separated couple to erect a wall through their house.

The bottom floor was split with a drywall partition, while Chana Taub bolted a wood plank to a door to divide the second floor. She lived on the third floor with 3 of their children, and according to the Daily Mail, Simon lived on the second.

The couple was finally granted a divorce last week in a decree that awarded Chana $1.5 million and $6,000 in alimony. The judge also ordered them to sell the house.

If a couple cannot decide who gets the house in divorce proceedings, a court will usually step in and decide for them.

In making the decision, the court will consider all of the couple's assets, seeking a way to split them properly. If there is more than one house, a court may divvy them up, but if there is only one, it's more likely that, absent a compelling reason, the house will be sold.

The most compelling reason for not selling a house in divorce is the presence of children.

A court will try its hardest not to disturb a child's life, and will often award the house to the parent with primary physical custody.

It appears that Chana Taub is going to try her hand at this argument, as MSNBC reports that she has vowed to appeal, stating that she still lives at the home with her children.

With all of them being over the age of 18, her argument is unlikely to work.

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