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Who Gets The House In A Divorce?

You and your spouse are getting divorced and you own a house.  Who gets to own the house after the divorce?

Neither spouse has “better” rights to the house.  However, there are a few factors that may decide who gets to live in the house, before it is owned by either party.

Children:  If you have children and one spouse is granted custody of the children, then it is possible that spouse may also be allowed to live in the house for a few years (usually until the children graduate high school).  This is a complicated situation and if this is your situation, you should seek more information from your attorney.

Was the House Bought Before Marriage:  If the house was bought before marriage and the house is considered that spouse’s “separate property”, then that spouse will almost always be given the right to retain ownership of the house.

By Agreement:  In most situations, the divorcing couple reach an agreement on who will get to own the house after the divorce.

All other situations:  If you don’t fit into any of the above categories, then the Court will have to decide who gets the house after the divorce.  In virtually all of those situations, the Court will state that the house has to be sold to a third-party and neither spouse gets to keep the house.

For many divorcing spouses, their house is their greatest asset.  If you are getting a divorced and have questions about your house and the divorce, then call David Badanes, Esq. and the Badanes Law Office, P.C.  David Badanes and the Badanes Law Office, P.C. have helped countless divorcing couples.

If you need a divorce attorney to represent you, then call David Badanes and the Badanes Law Office today at 631-239-1702 or email at david@dbnylaw.com. The Badanes Law Office has offices in Northport and in Nassau County.

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David Badanes