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Who Gets the House in a Divorce?

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Apr 13, 2021

who get the house in a divorce?

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

who get the house in a divorce?

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.

Elizabeth Dalena helped me through a very difficult divorce and I felt working with her was like working with a friend you can trust! Beth, thank you for your professionalism and helping me through this difficult time.
Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
Cindy Morhouse - February 2020
These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
Cynthia R - December 2019