There are many key aspects of the divorce process, with property division high on most everyone’s list. As you focus on your assets and debts, you may come to find the family home is what means the most to you as you divorce. Your spouse, however, may feel the same way. The question of who will get the house in a divorce depends on a variety of factors.
Generally speaking, the parent with physical custody of the children, if there are any, will stay in the family home. This helps maintain a high level of stability for the children, as they won’t have to move.
If one person purchased the home with their own money, perhaps before tying the knot, they are legally permitted to ask the other person to leave the home.
If the home was purchased by the couple together and there are no children, the court will look at a variety of things if the couple isn’t able to agree on what to do. For example, both individuals may agree to sell the home and split the proceeds. Or one person may ask to buy the other person out, as they want to remain in the home after the divorce.
Even though the family home can be a sticking point during discussions of property division, there are many ways to work this out.
If you’re in this situation, learn more about each option and which one makes the most sense for you and your family. This will help you be better able to make decisions that will put you in the best possible position in the future.