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Will I get the house if I divorce my spouse?

by | Feb 13, 2017 | Property And Asset Division

Divorcing couples have a long road ahead of them when they don’t agree on certain divorce matters. Depending on the circumstances, alimony, child custody and support may already cause heated disputes between both parties, but property division can turn up the burner even more. In fact, when couples are divorcing, trying to determine who will get the house can be the most contentious battle of them all.

There are laws that states must follow when it comes to property division. When the house is seen as separate property, it is likely that the spouse who owns the home will be the one to walk away with the property. When the house is community property (it was obtained during the marriage and both spouses are seen as owners), either spouse could be awarded the marital home. However, the classification of this property is not the only factor used to help the courts determine who gets the home.

If there be a child or children involved, the courts may award the home to the parent that handles most of the child rearing. Although women are often the ones to take care of the children, there also are dads who take on this responsibility.

Couples who decide to divorce shouldn’t expect this process to go smoothly if there are things that both parties disagree on. Property division may be a tough divorce legal matter to discuss, but it cannot be avoided when there is property that one or both spouses want to be awarded once the divorce is final. With the help of an attorney, you may be able to resolve your property disputes and walk away with what you deserve.