Who will get our house in the divorce?

The decision to end a marriage is usually not an easy one for either spouse and of course, once the decision is finally made, it can be a daunting task to actually accomplish. So many questions and various factors need to be addressed in a divorce in order for it to become finalized. One of the questions that a lot of people initially ask before having a full understanding of how divorce proceedings work is whether they will get the marital home or if their spouse will get it instead.

There isn’t one answer that we can immediately give you when you come into the office and ask that before any other factors have been taken into consideration yet. In New York, divorces go through an equitable distribution process to essentially determine who gets what. Equitable distribution means that all of the marital assets including the house, the cars, the bank accounts, etc., are divided equitably between the two parties. Equitable does not mean equal. So, you can request the house but you may not actually walk away with it. There are many options as to what can happen with your house.

If you are granted primary custody of the children, there may be a greater chance that you will keep the house because it will allow the children to keep living in it and not force them to move. Or, perhaps, no one will get the house and the best option is to sell it and split the profits. Maybe the house has been in your spouses’ family for generations and it truly would be in their best interest to keep the house. There are so many different situations that can take place that it is important that you consult with an experienced divorce attorney who can assess your particular circumstances and give you a better understanding of what to expect.

Robert Pollack is an experienced divorce and family law attorney in Long Island, New York. Contact The Pollack Law Firm, P.C., to set up a free initial consultation.