Who Keeps the House in a Divorce?
How to handle the split of property when a marriage ends.
Going through a divorce is one of the most difficult periods in a person’s life. There are so many decisions to make, including the split of property. People often wonder who gets the house when ending a marriage.
Houses are not only the biggest asset owned by couples, but they also hold strong emotional attachments. Aside from issues surrounding custody, one of the most significant fights between divorcing couples revolves around who stays in the house.
Often, both parties find it arduous to let go of a family house. The couple may have raised their children in the dwelling or lived there for many years. How is it possible to put a value on such a wealth of memories?
Family Homes Are Settled in Multiple Ways During a Divorce
Rarely do some couples agree on who gets the house. Considering disagreements over ownership splits, courts must often get involved. Various settlement opportunities exist and may result in the following. Hiring a divorce attorney may protect your rights to stay in your home.
Sell the House
Multiple reasons cause couples to sell their properties. Neither party may want to stay in the home because of painful memories. The parties may also decide to move out because they cannot afford to keep the house.
Although it is difficult for couples to put the family home on the market, it is often for the best. Selling the property allows couples to split the profits and start over in a new place.
Co-Ownership
Co-ownership is also an option for divorcing couples but may not be the best choice in some situations. When couples co-own their house, the dynamics of their relationships change. Suddenly, they are no longer a married couple but business partners.
When agreeing to co-ownership, divorcing couples must work with their respective attorneys to iron out the details. Attorneys must draft everything in contract form. Couples should decide how long they will co-own the home and on what terms.
Buyout
A buyout is a viable option for divorcing couples who own a house together. In a buyout situation, one party agrees to relinquish their interest in the home for payment of the value.
Often, couples with children will agree on a buyout to allow the primary caregiver to remain in the home with the children. The non-custodial parent decides to take payment now or by a specified time.
Buyouts are intricate processes. Couples should not decide on this settlement option without explicit terms. Like co-ownership, there are many legalities to consider. How will the party staying in the house come up with the cash? Will the couple agree to a payment plan?
Understanding Alabama Laws
Sometimes, couples cannot agree to settle the details of home ownership. Understanding how the courts determine home settlement dilemmas is integral.
It is important to note that like most court systems, Alabama courts prefer couples to decide for themselves through arbitration. Judges will only get involved if negotiations fail.
Once the courts get involved, they leave the decision on who gets the house to the discretion of the judge, though there are some factors considered in reaching their decision.
- Was the home always shared, or was it purchased by one party before marriage? Judges will typically award the marital home to the one who purchased it if bought before the marriage.
- The judge will determine the financial health of each party to decide who can afford the home and its upkeep.
- Judges will also place substantial weight on who receives custody of any minor children. The courts are more likely to decide a custodial parent stays in the home.
- Was there any misconduct of either party which precipitated the divorce? If one party was the primary culprit in causing the divorce, the judge may rule against them in keeping the house.
- Alabama judges will also consider the physical and mental health of both parties in the divorce.
The Custodial Parent Often Keeps the Home
In the state of Alabama, family courts rule in the best interest of any minor children. Divorces are stressful for everyone involved, especially small children who may not understand what is happening to their families.
Because children are already facing multiple changes in their lives after divorce, the judge wants to bring some level of consistency. Allowing the custodial parent to remain in the home ensures children have familiar surroundings and stay in the same schools, making the divorce transition less anguishing.
There is no hard and fast rule regarding judges granting custodial parents the marital house. There are always exceptions to every rule, and family court judges weigh all factors when reaching a ruling.
Is There a Convincing Reason for One Party to Remain in the Home?
Alabama courts will often rule for the sale of a home if there are no convincing reasons one party should receive ownership over the other. Judges frequently view selling the property as a straightforward approach to resolving disagreements over ownership.
Attempt to Settle the Issues Without Court Involvement
It is in the best interest of both parties to settle who gets the house without getting the courts involved. The process of settlement sometimes becomes lengthy, especially if both parties have strong opinions on the final decision.
Meeting with their attorneys and working towards negotiations will often help divorcing couples decide. With so much at stake, couples should hire an attorney to help them.
Speak With an Attorney
Divorces are difficult and affect both parties’ lives. Deciding on who gets the marital home is not a simple decision. Divorcing couples should not take this resolution lightly.
Meeting with an attorney for a consultation appointment is integral to protecting the best interests of both parties in the divorce. Divorce attorneys become advocates for their clients and work to guard their rights throughout the divorce.
If you and your spouse cannot agree on who gets the house, working with an attorney is your next step. Meet with an attorney as soon as possible to receive guidance about your options for legal recourse.
