Who gets to keep the marital house after a divorce?

When you’re going through a divorce, one of the biggest questions is what will happen to your marital home. It is not only full of memories of your life as a family but is also your most valuable asset as a couple. Hence, you might be wondering which of you gets to keep it at the end of your marriage. 

Who usually keeps the family home

There is no hard or fast rule to it. It’s not always the wife or the husband who gets to keep the house. Courts don’t decide based on gender. Rather, they look at what makes the most sense for your unique situation. 

Here are some common scenarios on who keeps the house after a divorce:

• One of you keeps the house: You or your ex-partner can keep the house if the home is part of your inheritance or property from before the marriage. 
• One of you buys out the other’s share: You or your ex-partner can keep the home if one of you decides to sell the other their share of the house. This way one of you gets to keep the house while the other receives compensation for their share. 
• Both of you get to keep part of the house: If one of you refuses to sell your share of the house to the other, the courts can then divide the property between the two of you. 
• None of you gets to keep the house: You can decide to sell the house and split the proceeds of the sale among yourselves instead. 

Understanding these common scenarios can help you anticipate what might happen in your own divorce and prepare yourself accordingly. 

What courts actually look at

When a judge needs to decide who keeps the house, they consider several unique aspects of your marriage and personal capacity. Here are the most important factors to watch out for:

• Parental custody: Your kids often play a role in who gets to keep the house. Of course, you wouldn’t want to disrupt your kids’ life by moving them to unfamiliar environments. 
• Capacity to pay: The judge could also look at your capacity to keep the house. Your ability to settle mortgages, taxes and repairs on your own matters. 
• Ownership: Determining whether the house is part of your inherited property or marital property is crucial to staking your claim. 
• Contributions: Your contributions to maintaining the house such as your down payment, mortgage payments or your efforts in maintaining the household may factor in the decision. 

How to keep your home

If you’re fighting to keep you home, understanding how the courts make these decisions can help you prepare and understand your options during your divorce.

Neither husbands nor wives automatically get the house. Hence, getting professional guidance to help you make informed decisions rather than emotional ones goes a long way in helping you stake your claim.