Can You Keep the Family Home After Divorce?

Understanding Your Rights and Options for Keeping the Marital Home

One of the most emotionally and financially significant aspects of a divorce is deciding what happens to the family home. For many couples, the marital home is their largest asset, and it often carries sentimental value—especially if children are involved.

However, keeping the home after divorce isn’t always straightforward. Courts consider various factors, including:

• Who has primary custody of children
• Financial ability to afford the mortgage and maintenance
• Whether the home is marital or separate property
• State laws on property division

This guide will help you understand:

• Who gets the house in divorce settlements
• How courts decide home ownership
• Your options for keeping or selling the home
• Financial considerations and legal strategies

If you want to keep your home after divorce, knowing your legal rights and financial responsibilities is essential.

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Who Gets the House in a Divorce?

Courts use state property division laws to determine who keeps the marital home. These laws fall into two categories:

1. Community Property States

• In community property states, marital assets (including the home) are split 50/50.