Is the Home Considered Marital Property?

In most cases, the couple’s home will be considered marital property and subject to the property division process. However, there are some cases in which the home would not be considered marital property. If the home was owned by only one person prior to the marriage, it could be considered separate property. If the home was part of an inheritance, it could be excluded from the property division settlement. It’s also possible for a couple to have a prenuptial agreement in place that outlines who gets the house.

If you have questions about who might be awarded the marital home in the divorce or what your rights are, call our office to talk to one of our attorneys. We offer free consultations and can discuss the particulars of your case to provide legal counsel and help with the next steps.

Will We Have to Sell the House?

If both parties are able to come to an agreement on who gets the house, it’s possible to avoid having to sell the home. However, this is dependent on the person who is awarded the house being able to afford the payments and maintenance on one income. It’s not unusual for a couple to be forced to sell the house in a divorce because of financial reasons. If the parties can’t agree, it’s possible that the judge could either award the house to one party or force them to sell and split the profits.

Who Gets the House in a Divorce?

Who gets the house in a divorce depends on whether the parties can agree and what the rest of the assets are. If the parties are able to agree to a property division settlement, the judge will usually use this as the court order. However, if there is no agreement, the judge looks at what a fair and equitable settlement would be. This may mean that one person gets the house while the other party gets a larger share of the couple’s liquid assets.

How Can a Family Law Attorney Help?

When it comes to property division and who gets the house, it’s important to talk with a family law attorney. An attorney can help you see the bigger picture when it comes to how the assets are divided, fight for your rights and interests, and ensure that any agreement reflects your needs.

The first step in going through the property division process should be to gather information and understand your options and rights within the law. Call 931-236-2711 to schedule a free consultation with a member of our team to find out more.