Law

Who Gets The House in a Divorce?

During the divorce proceedings, the distribution of assets is a vital step for both parties. In most cases, the spouses are ready to make a distribution on their level and hand it to the court. Usually, the court does not have an issue with that; however, if one of the parties has agreed on a lot less than the other and is without a lawyer, the court may intervene. 

When the partners cannot agree to each other terms and conditions, the court will distribute the property in equal portions to both parties. The disadvantage is that you will have to accept the court’s decision even if you do not want to. 

Hence, hiring a Newton divorce lawyer would be appropriate as they will help through the divorce proceedings. A lawyer will also advise you on how to make and accept a fair property distribution.

Nevertheless, here are some ways to determine who gets the house in a divorce.

Joint property

Joint properties are properties that both partners share, and they both have a share in these assets. A house where the couple is staying is usually a shared marital asset. While distributing the assets, the court considers specific points before granting property to either party.

  • Child custody and support

When the court divides the property among the two parties, the spouse who will be keeping the children may have the upper hand in receiving the house. If the children are school going, it is more convenient for them to stay in the same house rather than move. 

Moreover, children of that age are usually fragile, and seeing their parents go through a divorce is a challenging phase for them. On top of that, losing the house, they grew up in might push them over the edge. Considering all this, the court usually grants the house possession to the parent keeping the kids. 

  • Emotional attachment

Often, a house has an emotional attachment to its residents. Although emotional attachment is not a prime reason to keep the house, it is still considered. Spouses often are attached to their home and do not want to leave it. 

Several reasons for a spouse to be emotionally attached to the house exist. For example, they put in a lot of effort in designing and building the house, have some memories related to the house or the house has been in their family for ages, etc. 

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