Divorce and the House; Who Gets It
According to the CDC, the total number of divorces reported from 45 states is 782,038. When you’re going through a divorce, there are several things that people might think about when it comes to their home.
Who gets the house in a divorce? How to keep your home in a divorce? Who has to leave the house in a divorce?
As you continue to scroll through our post, you’re going to find the answers you need and more.
What Happens to the House in a Divorce?
Before you can decide what happens to your home during a divorce, you need to take some time to answer some questions ahead of time. The first thing that needs to be answered is whether you own the home or a part of the home.
Depending on where you live, both partners will have a partial claim to their home in most cases. Most people buying a home comes after marriage, meaning it’s easier to decide on the division of assets, but this isn’t always the case.
Division of Asset Agreements
If you and your former spouse are having challenges dividing your assets, the courts might require that you attend mediation. Mediation is so that you all can decide between the two of you how to split your marital assets properly.
If, after mediation, you’re still not able to figure out what to do with your assets, the courts will move forward with doing it for you, which isn’t exactly something that you want to happen.
Going Through a Divorce: A House Not in My Name
If your spouse purchased the home before the marriage occurred, there could be a chance that you don’t get any percentage of ownership. For the homeowner to keep the house, they would have to keep it separate throughout the marriage.
However, in most cases, once you’re married, both partners make contributions to the home, making it a marital asset.
Co-Owning a House After Divorce
If you and your partner both maintain that you have part ownership of the home, there are a couple of ways that things can go. The first is that you or your former spouse can agree to give the house to the other person without any issues.
Or you both can decide to sell the asset and split the profits made from the home’s selling.
Who Gets the House In a Divorce?
When deciding who gets the house in a divorce, several things need to be taken into consideration. The best thing you can do when going through a divorce is contacting legal representation to represent you in the case.
Take the time to contact Dalena & Bosch Attorneys At Law. We know what it takes to help you get the best outcome possible in your divorce case.
Let us make your divorce proceedings easier.