Who Gets the Marital Home in a Divorce?

Posted on by Robert J. Reeves
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 The question of who gets the marital home in a divorce depends a lot on where you live and your unique situation. This can often be one of the most complicated aspects of a divorce proceeding because it’s often a couple’s biggest asset. In addition, there are always a lot of emotional connections to a family home. When couples are trying to decide what to do about the marital home, there are typically three common options. One spouse might stay in the house while the other moves out. Or both spouses might sell the home and each takes their equal portion. And unfortunately, couples often cannot agree and wind up needing to go into litigation over this and other issues. If this is something you are wondering about, the best thing to do is to hire an experienced divorce attorney who can represent your interest
The question of who gets the marital home in a divorce depends a lot on where you live and your unique situation. This can often be one of the most complicated aspects of a divorce proceeding because it’s often a couple’s biggest asset. In addition, there are always a lot of emotional connections to a family home. When couples are trying to decide what to do about the marital home, there are typically three common options. One spouse might stay in the house while the other moves out. Or both spouses might sell the home and each takes their equal portion. And unfortunately, couples often cannot agree and wind up needing to go into litigation over this and other issues. If this is something you are wondering about, the best thing to do is to hire an experienced divorce attorney who can represent your interests.

Who Gets the Marital Home in a Divorce? Post-divorce Living Arrangements

Questions of Legality

Who gets the marital home in a divorce often depends a lot on what state you live in. In North Carolina, if you are legally married, you and your spouse own your property as tenants by the entirety. This means that you each have an equal share in the house. In other states, things are handled differently. An attorney can help you understand the rules and rights in your state.

One Spouse Stays

Often, the way things are handled in the marital home in a divorce is for one spouse to stay and the other to move out. Often this decision depends on each spouse’s financial situation, job, and custody situation. If one spouse is the main caregiver for the children, it’s often easier for them to stay in the home and let the other spouse move out. However, some couples choose to share the home even after divorce.

Both Spouses Sell

Another common situation that happens with the marital home in a divorce is that both spouses agree to sell the home. Each would get an equal share of the proceeds from the sale. This is often the case for couples in which neither person wants to stay in the home. This might be for emotional or financial reasons.

Spouses Cannot Agree

Finally, and most commonly, spouses cannot agree on how to handle the marital home in a divorce. If this is the case, they often need to go to litigation over the issue. A judge will decide what is the most fair and equitable way to handle the situation. If you are facing this option, the best way to protect yourself is to hire an experienced attorney.

Handling the marital home in a divorce is often a complicated and tricky topic. It can also be one of the more emotional aspects of ending a marriage. Your family home contains so many memories and is often a couple’s biggest asset. A lot depends on where you live, but in North Carolina, couples own their properties equally. If couples can agree outside of court, they often choose for one spouse to move out while the other stays in the home. They might also jointly agree to sell the home and split the proceeds. But more often than not, couples end up in litigation. The best way to handle this situation is to hire an attorney to help you get the settlement and divorce situation that you deserve.