Easing The Stress Of Your Family Law Matter

Who gets the house in the divorce?

On Behalf of | Oct 17, 2019 | Divorce

Most divorcees just want their fair share in a divorce. In Kentucky, divorce courts use an equitable distribution model to divide a couple’s marital property. That means that a court can split property 50-50, 70-30, or any other proportion deemed fair.

Where you’ll live after your divorce is likely a concern of yours. However, determining who receives the family home in a divorce depends on several factors. This is assuming that you and your ex never drafted a pre or postnuptial agreement that determined the fate of the house.

A court will weigh the contributions of each spouse to the home. If you were a stay-at-home parent or homemaker, a court considers this a contribution just like the person making the mortgage payment. If you or your spouse have children, the custodial parent may receive the home as well.

Another factor can be each spouse’s finances and desirability of having the court award them the home.

Is your home considered marital property?

For a home to be marital property, you or your ex must have purchased the home during the marriage and before a legal separation. It doesn’t matter if only one of your names is on the title if you purchased the home during the marriage, but before the separation.

The most common way a home acquired during a marriage isn’t marital property is if someone gifted it or inherited by one spouse and the court views the other spouse’s contributions to the house didn’t increase its value.

If you’re like many couples, chances are you purchased the home together and hoped it would be the place where you raised your family. Unfortunately, things don’t always work out that way, but you may still be able to live in the home you helped make after a court finalizes your divorce.