Who Gets the House in a Divorce?

Accel Admin   July 28, 2015   Comments Off on Who Gets the House in a Divorce?

 

  • If the house is marital property, and the children are emancipated (over 21), for example, the court looks at it as another asset, like a bank account.
  • If left for the court to decide, the court will order it be put on the market and sold.
  • If there is equity in the house, the proceeds from the sale of the house will be divided through equitable distribution between the parties like every other asset.
  • If the children are younger and part of school district or extracurricular activities, the court might fashion an order for the house to be maintained until, for example, the youngest child turns 18 or goes to college.
  • There is no right of one party or the other to keep a house, if I had to make a general statement.