Who Will Get The House After Divorce?

Division of assets is the most difficult situation during the divorce process, and the division of houses makes it even more complicated. 

Since no one wants to make concessions during the house division process, it is best to seek legal counsel, so get in touch with The Harris Firm, LLC to get help with house division in divorce and read this article to understand this topic thoroughly.

Which Spouse Gets The House After Divorce? 

Getting the house after a divorce is dependent on the agreement you and your spouse draft mutually. So, both spouses can decide who gets the house outside the courtroom and move forward with an uncontested divorce. However, if there is a disagreement, then the couple can go forward with the mediation process, and if they still do not agree, then the court will use the state laws and decide who will get the house.

How Will The Court Decide The Division Of House?

The court utilizes the state laws to find a way to divide the house. The state will check various factors to find if your house is a separate property or a marital property. 

If you purchased the house or you inherited it, then it will be considered as your separate property. So, the house will not be divided. However, if you and your spouse mutually own the house, then it will count as marital property, and the court will give an order to divide it.

How Is House Divided In Divorce?

If the spouses do not agree, then the division of the house will be done in the following ways.

  1. Selling the house

If you and your spouse do not want to live in your old residence after divorce, then selling it will be the best way to divide the house. This way, you can keep the equal profits and settle in a new residence separately. 

However, selling your house in your divorce process requires a realtor to pay a reminder of the mortgage. The cost of these expenses will be cut off from marital estate, and the spouses can avoid the worry of separate expenses.

  1. Buying from spouse

In many situations, one spouse may want to keep the old residence, and the other may want profits. Therefore, the spouses can make a deal and become the buyer and seller. The spouse can sell part of the house they own to the other spouse in exchange for the other assets or money or by not paying alimony. 

  1. Co-owning the residence 

This division usually happens if the couple has kids, so the couple can keep the house for their kids and come to live with them at particular intervals. Some couples also co-own the house, considering it a valuable asset for future profits. Therefore, the spouses wait for the increase in the market price of their house to sell it, and till then, they live separately.