The House: Who Gets It?

A divorce means that you and your ex-spouse must hash out who gets custody of your children, who gets the family dog, who gets which car, and who gets to keep the house. All these topics of debate are extremely emotional and hard to reach a compromise on. At the end of the divorce, only one person can have sole ownership of the house. There are many factors that a judge will consider when awarding the ownership of the house to a spouse if you cannot come to an agreement on your own. They include:

• Contribution to Property: The contribution each spouse made towards the acquisition of the home is considered. Everything from the amount of money given towards the purchase, who makes the mortgage payments, and who is the homemaker is considered.

• Individual Property: The amount of individual property each spouse had prior to the marriage is considered too.

• Financial Circumstances: A person’s ability to pay for the mortgage, take care of the house, and has a steady source of income is considered when awarding the house to you or your ex-spouse.

• Child Custody: The person who has custody of the child is generally favored to be awarded the home. That is because children need a steady home to grow up in, and the one they have been living in is the best place. This minimizes the disruption to their life.