Who Gets The House In A Divorce?

marital homeQuestion:

How will a court determine who gets the house in a divorce?


While I am not licensed to practice law in your state, I can give some general guidance on this issue.

Assets are a major concern when the topic of divorce arises. Keep in mind that states look to differing facts when determining an equitable division.

Some states consider marital fault and others do not. If this is at issue then you should consult an attorney for a full evaluation of your assets.

Regardless of if marital fault is taken into consideration there are many other factors involved in such a determination: 1) When was the house purchased? 2) Where did the money for the house come from? 3) How are similar funds managed?  4) Who pays the mortgage? 5) Have any improvements been made to the house and by whom? 6) How are mortgage payments made and by whom?

Keep in mind that no one case is the same and that the facts of each case are always essential for an accurate analysis.

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2 comments on “Who Gets The House In A Divorce?

    We live in Massachusetts and my wife has “fallen out of love” with me and wants a divorce – I discovered she was “speaking” with another man – she said it was just emotional – we bought the house in 2005 with my $20K as a down payment – her father helped with the electrical for various improvements as he is an electrician – we put an addition on with $25K from my parents – I do not want the divorce – we have 3 kids – she is a teacher in town and I am a teacher in a town 20 minutes away – she says she is staying in the house because she is the mother and works in town – I say I don’t want the divorce so she she leave? Any thoughts

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