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Who gets the house in a divorce?

On Behalf of | Sep 8, 2017 | Family Law |

You will have many questions as you move through the divorce process, but one of the most important is as follows: which individual will be able to remain in the family home after the divorce?

While there is no easy answer to this question, there are some common details that come into play.

For example, if you receive physical custody of any children, there is a good chance that you will be in position to keep the marital home.

Conversely, if one partner purchased the home before the marriage, all with his or her own funds, they may be able to legally remain in the property.

When no children are involved, it’s ideal for both individuals to work things out based on what’s best for each one. For instance, this could lead to the home being sold and the proceeds being split.

In the event that the divorcing couple is unable to work out an agreement, the court will step in and make a final decision based on the rules in their particular state.

It is never easy to go through the divorce process, and this is even more so the case if a family home has become a sticking point.

By preparing in advance, you can do your part in moving through your divorce in a fast and efficient manner. You may have to compromise on some details, but this is often necessary if you want to put your divorce in the past.

In many cases, you never know how the family home will be treated in divorce until the process pushes forward. The best thing you can do is prepare for everything as thoroughly as possible.

Source: FindLaw, “Divorce Property Division FAQ,” accessed Sep. 08, 2017


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