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Who Gets the House in a Divorce?


Divorce can be emotionally and financially challenging, especially when it comes to dividing assets. One of the most significant assets in a marriage is often the family home. Determining who gets the house in a divorce can be a complex process, but understanding the factors that influence this decision can help you navigate this aspect of your divorce with clarity and confidence.

1. Understanding Community Property vs. Equitable Distribution

When it comes to property division, it's essential to understand the laws applicable in your state. Connecticut follows the principle of equitable distribution, which means that marital assets are divided fairly but not necessarily equally. Familiarize yourself with the factors considered in equitable distribution to gain insight into how the court may determine who gets the house.

2. Evaluating the Financial Picture

Before deciding who should keep the house, it's crucial to assess your financial situation. Consider factors such as the value of the home, outstanding mortgage, and other debts. Understanding the financial implications of retaining or selling the house can help you make an informed decision that aligns with your long-term financial goals.

3. Custody and the Best Interests of the Children

If you have children, their well-being will be a significant consideration in determining who gets the house. Courts often prioritize providing stability and continuity for the children. If you are the custodial parent or have primary physical custody, it may increase your chances of retaining the family home. However, other factors, such as your ability to afford the home, will also be taken into account.

4. Negotiating a Buyout or Co-ownership

In some cases, divorcing couples may choose to negotiate a buyout or co-ownership agreement for the family home. A buyout involves one spouse purchasing the other's share of the property, allowing one party to keep the house. Co-ownership, on the other hand, involves both spouses retaining joint ownership of the home. Understanding these options and their implications can provide alternatives to selling the house outright.

5. Seeking Professional Legal Guidance

The complexity of property division in a divorce often necessitates professional guidance. Consulting an experienced family law attorney can provide you with valuable insights and ensure that your rights and interests are protected throughout the process. They can help you understand the specific laws applicable to your case and advocate for your desired outcome.

Dividing assets, particularly the family home, can be one of the most challenging aspects of a divorce. By familiarizing yourself with the relevant laws, assessing your financial situation, considering the best interests of your children, exploring alternative options, and seeking professional legal guidance, you can navigate this process more effectively.

At Goldblatt, Marquette & Rashba, PC, our experienced family law attorneys understand the complexities of property division in divorce cases. If you need assistance or have further questions about who gets the house in a divorce, we are here to help.

Contact us today to schedule a consultation.