4 Reasons to Help Decide Who Gets the House in a Divorce

Home is a place to create memories

A family home is a place where endless memories are made.

Sadly, if you are thinking about ending your marriage with your partner, then there must be one owner of the house. Confused about who gets to keep the house? Well, this article will hopefully clear up your confusion.

So, who gets the house in a divorce? If you want to own the house, then, you must have solid reasons to claim your case. There are certain factors which are considered before signing the house to a partner’s name.

Let’s have a look at what these reasons could be –

1. Afford the expenses

If you are living in the house, then it is necessary that you must have a job or some means to pay for regular expenses such as monthly bills, groceries, house repairs, etc.

Note that you cannot own a house if you possess no legal means of earning cash.

2. Valid reasons

If matters come down to the point where a decision has to made as to who gets the house in a divorce, make sure that the reasons you provide for keeping the house must be sensible and highly supported by proof.

These reasons may be that you may have an emotional attachment to the house, or you worked day and night to make the house stand where it is today. Moreover, if you have kids aged above 4 or 5 years, then, they might be a good excuse as for young ones, it hits pretty hard when they are going to move out of their childhood home.

However, apart from these, if both the partners are unable to come up to a mutual decision, and they decide to go to the court, then there are different procedures and rules for that.

In a court, a judge decides between the partner who gets the house after the divorce. This decision is based on some factors and evidence. A judge can do any of the following –

  • Allot the house to the partner where children stay – As moving out of the house causes an emotional disturbance in young children and teenagers, the judge may allot the house to the partner with whom the children are going to live. In such cases, the house usually goes to the mother.
  • An order to sell the home – The judge may come to the conclusion that the marital house be sold and the cost be divided equally amongst both the partners. For example, if the house is sold for $200,000, then both the partners will receive $100,000 each.
  • Pay up the share to the other partner – In this case, if Partner A gets to keep the house, then the condition is that they have to pay the other half of the property’s purchasing cost to Partner B. Another alternative would be the transfer of some precious assets to Partner B if you do not want to pay the money.

3. Premarital or marital property

The court has to see whether the marital house was purchased by one partner before marriage or was purchased as a marital house after marriage. If the house was bought before the marriage took place, pre-marital, then it is highly likely that the partner who owns the house gets it after a divorce.

However, it is relatively difficult to conclude who gets the house in a divorce, especially when the house is a shared asset.

4. Abusive partner

Abusive partner

If the divorce is filed due to the abuse done by one of the partners, then the house is mostly granted to the one in which abuse was done.

However, abuse is considered an act that is punishable by at least one year of jail. So, if you claim that the partner was an abuser, then, he must have done some act that falls under the category of abuse.

Even though the judge may decide the final decision for you, it is advisable that the partners mutually agree on a decision, instead of dragging it to court.

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