Who Gets The House In A Divorce?

August 14, 2023

Who Gets The House In A Divorce?

Divorce is a stressful and emotional process for everyone involved. One of the major concerns during a divorce is the division of assets. One asset that carries great emotional and financial value is the marital home. Many divorcing couples have a strong attachment to their home and want to keep it for themselves. But, who gets the house in a divorce? This blog post will outline how assets are divided in a divorce and how the court decides who gets the house.

In Florida, assets are divided using equitable distribution.

This means that the court will divide assets fairly, but not necessarily equally. This includes all marital property, which is any property acquired or earned during the time the couple was married. Separate property, which includes property owned by one spouse before marriage or acquired by gift or inheritance during marriage, is not subject to equitable distribution.
When it comes to the marital home, there are a few factors that the court will consider before making a decision. The first factor is who has legal ownership of the home. If only one spouse’s name is on the title, they will likely have a better chance of keeping the home. However, this does not guarantee that they will receive the home as part of the asset division.
Another factor is who has possession of the home. If both spouses are living in the home at the time of the divorce, the court will have to decide who will keep the home or if it needs to be sold and the proceeds split. If one spouse has moved out of the home, this could affect their ability to keep the home.
The court will also look at the financial situation of each spouse. If one spouse can afford to maintain the home, including paying the mortgage, taxes, and upkeep expenses, they may have a better chance of being awarded the home. However, if neither spouse can afford to maintain the home, it may need to be sold and the proceeds divided.
The court may also consider the needs of any children involved in the divorce. If a child has a strong attachment to the home and it is in their best interest to remain there, this could affect the court’s decision.

Going through a divorce is never easy, and deciding who gets the house can be a particularly emotional and difficult process. While there is no guaranteed outcome, understanding the factors that the court considers can help you prepare for what’s ahead. If you’re going through a divorce and need legal assistance, Dunlop, Dunlop & Dunlop, P.A. can help. Our experienced attorneys can guide you through the divorce process and help you obtain a fair division of assets. Contact us today for a consultation.

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