Family Law Blog

What Happens to the Family Home in a Divorce?

Tuesday, December 26, 2017

You made a lot of good memories in your home, and even if your marriage started to sour, those memories may be something you want to hang on to. However, the messiest part of divorce is dividing up the stuff, and the family home is part of that stuff.

If you want to keep the property, your best course of action is to come to some agreement on it. When it comes to property division, real estate isn't physically divided by the courts, but rather it must be sold off and the monetary value is then split between the divorced couple. This means you lose the house and all those memories are now just solely in your mind.

However, there are some cases in which one party may retain ownership without having to make a compromise. The most common situation for this is if the home was bought before the marriage. If you bought the home before the marriage and your name remained the sole name on it, then it will most often be awarded back to you. However, even if you added your ex-spouse's name on to the house, it may still be argued that since you bought the property before the marriage that it is still yours.

Unfortunately, most married couples buy their first home together. This means that no matter how much you cherish those memories, your property will still need to be divided. If you still want to retain it, you will need to work extensively to compromise with your ex-spouse. If you are divorcing and desperately want to keep your family home, contact us today!