Who gets to keep the house after a divorce? What a good question. The answer is, it depends and the court determines who keeps the house or other property, based upon equitable distribution. That’s the courts way of determining what portion of the subject property is marital property or separate property. In the case of the house, factors that could be considered by the court are, who owned the house before the marriage? Is it titled in both the husband and the wife’s name or just one of the parties name? Did either of the parties contribute to the value of the house? Meaning, did they add on a second wing or do major construction that made the house go up in value? Then if they did, they’d be entitled to a portion of that based upon factors such as the length of the marriage or the value that was increased by their efforts. So, it really all depends on the circumstances of your particular family and what happened when the house was purchased and what happened after you lived in the house, during the time of the marriage.
If you want to find out more information about how equitable distribution works, check out our free resources page. There you’ll find lots of good information and you’ll also be invited to sign up for our free newsletter and often times, one of the hot topics is real estate and how the court divides it. We hope that we helped and we look forward to working with you.