Divorce is one of the largest curveballs that life can throw at you.
You entered into marriage with hopes and dreams, not spreadsheets and legal battles. But here you are, and one of the hardest questions hanging over your head – who gets to keep the house?
Dividing up belongings is rarely easy, and the home has a particular kind of heft. It’s not just bricks and mortar; it’s where you built a family, where you made memories and where you saw your future. Now that future is changing, and the house is in the cross hairs.
So how in the world do they determine who stays in the house in a divorce? Here’s a closer look at the factors that usually play a role:
Community Property Laws
In a whole bunch of states, there’s something known as “community property.” In practical terms, this means that all the property and money you and your spouse acquired during the marriage is treated as jointly owned. This usually means that one of you needs to “buy out” your future ex in order to keep the house.
Imagine dividing a pizza – ideally, you both get a balanced slice.
But whose paying for the pizza and can you force down another slice? That’s where it gets messy, and you need a lawyer.
Emotional Ties
Divorce proceedings can feel like an emotional whirlwind. But other than that storm, sometimes the house becomes an anchor.
With children, the party with primary custody generally has a better argument for retaining the home. Children require consistency, and a familiar environment can provide some support through a significant life transition.
Also, if the house has great sentimental value – perhaps it’s been in your family for generations – then that emotional attachment could tip the decision in your favor.
But judges aim to be pragmatic, so sentiment won’t always determine the outcome.
Affordability
Owning a house isn’t cheap. Now, beyond the mortgage come taxes, insurance, repair… the expenses accrue quickly, much quicker than you can say “home improvement nightmare.” As badly as you want the house, can you afford to go it alone?”
If the numbers are overwhelming, holding on to the house could blow up in your face.
None of which will do anybody any good if you get stuck with a money pit you can’t afford. At some point, a more level-headed option may entail selling up and starting over somewhere new.
Selling the House
If you and your ex simply can’t agree, selling is comes into picture.
It can feel like surrender, or cancelling out a piece of your past, but there are advantages as well. You divide up the takedown (after paying off the mortgage, of course), and that cash can be the down payment on another place that’s really yours.
Keep in mind that rebuilding financially can be liberating. A more compact home – even a rented one – may fit better into your single-income real with breathing room.
More Things to Know About Who Gets the House
- Long Term: Do you really see yourself in this house in 5 years? Or are you still gripping it tightly because releasing it seems like you’d have to sacrifice too much? A clean break is sometimes a path to rebuilding a happy future.
- Prenuptial Agreements: A prenuptial is if you had one (high five for being organized!), it could specify exactly what will happen to the house in the event of a divorce. That makes it simple… in theory, at least.
- Mediation vs. Court Battle: Can you and your ex talk this through with a mediator instead of lawyers? It tends to save time and heartbreak. But if tensions are running high, involving the courts may be unavoidable.
This Isn’t a DIY Situation. Get Help!
Divorce is where you want someone in your corner who understands the complexities – not just legalities, but the emotional roller coaster you’re on.
A great divorce lawyer will act as your strategist, helping you evaluate the practical versus your long-term well-being.
If divorce is facing you in the Albuquerque area, The Law Office of Anthony Griego, LLC understands. Our clients come to us for legal advantage, but they leave with the human touch. Even though there is a lot to sort out with the division of the house, let’s figure out the best next steps for moving forward on this planet, and how to build a future you can thrive in.
Disclaimer: The information presented on this blog is for general informational purposes only and should not be construed as legal advice. Legal information is complex and can change on a case-to-case basis. Therefore, you should speak to a licensed attorney for specific legal advice. You should not act or refrain from acting on the basis of any information contained in this blog.
