How Does The Court Decide Who Gets The Home?

Ask a Lawyer


I am in the divorce process and my wife wants the house, but I am currently paying for everything including the mortgage, bills and repairs.

I mentioned once in passing that I didn’t care about keeping it, but I am better suited to maintain the home.

Would the fact that I mentioned once I didn’t care affect my chances of getting the home? How is it determined who receives the house in the settlement?

Family law attorney Melissa Aland


Unless you signed something indicating that your wife should be awarded the home, verbal conversations are not typically binding in divorce as they are usually considered part of the negotiation process and cannot be used against you later.

While you were married, marital funds were used to pay the mortgage, bills, repairs, etc.

Additionally, if the home was purchased during the course of the marriage, it is considered a marital asset where I practice and the equity would be divided equitably, which typically means equally.

When awarding ownership of a home, the court will consider if there are children and who is the primary custodial parent, who is able to afford / refinance the home loan if necessary to pay the other spouse out his or her share of the equity and other relevant factors.

If it is not viable for either party to keep the property or there is a dispute over who should have ownership, the court has the authority to order the home to be sold and the proceeds divided equally.

Remember, I am unable to provide you with anything more than property tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, contact Cordell & Cordell.

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