What Happens To My House During A Divorce

September 26, 2023

Today, we’re stepping outside our usual realm of happy topics to address a situation many of us hope we’ll never have to face, but some unfortunately do: divorce. Divorce is a complex process filled with emotional turmoil and significant life changes. One of the most pressing questions that arise during this time is: “What happens to my home?”

The family home often represents stability, memories and a significant portion of a couple’s net worth. Its fate during a divorce can be a contentious issue. Here’s a guide that will hopefully shed some light on this difficult topic.

The Legal Landscape

Divorce laws vary from country to country, and even from state to state within the same country. In general, however, marital property – including the family home – is divided upon divorce. The division can be based on either community property laws (assets are divided equally) or equitable distribution laws (assets are divided fairly, which doesn’t always mean equally).

Understanding Property Rights

The fate of your home in a divorce depends primarily on when and how the property was acquired. Here are the scenarios:

  • Home purchased during marriage with joint funds: If the home was purchased during the marriage with joint funds, it’s usually considered a marital asset, regardless of whose name is on the title.
  • Home owned by one spouse before marriage: If one spouse owned the home before the marriage, it may be considered separate property and cannot be divided in a divorce. However, if the home was used as a family residence or if the other spouse contributed to its value (for example, through renovations or mortgage payments), it may be considered community property
  • Home inherited or gifted to a spouse: Generally, a home inherited or gifted to a spouse (even during the marriage) is considered separate property.

Deciding the Fate of the Home

There are several ways to deal with the family home during a divorce:

  1. Sell the house: This is often the easiest solution, especially if neither spouse can afford to maintain the home on their own. The proceeds of the sale, after any mortgage is paid, can be divided between the spouses.
  2. Buyout: One spouse can buy out the other’s interest, allowing them to keep the home. This is common when children are involved and one parent wants to maintain stability for them.
  3. Cohabitation: In some rare cases, ex-spouses choose to continue living together in the family home, at least for a while. This is usually done to minimize disruption to the children.
  4. Delaying the sale: Some divorcing couples decide to keep the home and delay the sale until a later date, such as when the children graduate from high school. Typically, one spouse will remain in the home and arrangements will be made to share expenses.

Considerations and Consequences

Deciding what to do with the family home is not only an emotional decision, but also a financial one. Consider the cost of maintaining the home, the tax implications of selling it, the impact on your living expenses, and how it will affect your ability to secure future housing.

Before making any decisions, it’s important to consult with a divorce attorney and financial advisor to understand the legal and financial implications.

The Bottom Line

The fate of your home during a divorce depends on many factors, including local laws, when and how the home was acquired, and your family’s specific circumstances. It’s a decision that requires careful consideration and, ideally, professional advice.

Remember, it’s important to surround yourself with support during these difficult times, whether it’s friends, family, or professionals such as lawyers and therapists. And most importantly, remember that things will get better in time.

Stay strong, and until next time, keep moving forward, one step at a time.


What are the possible scenarios for the house during a divorce?

There are typically three possible scenarios for the home during a divorce. First, the house can be sold and the proceeds divided between the spouses. Second, one spouse can buy out the other’s interest in the home. Third, the couple can choose to continue to own the property together, either as joint tenants or tenants in common.

How is the value of the home determined in a divorce?

The value of the home is usually determined by a professional appraisal or by mutual agreement between the spouses. It’s important to get an accurate valuation to ensure a fair distribution of assets.

What factors influence the decision to sell the home?

Several factors may influence the decision to sell the home, including financial considerations, emotional attachment to the property, and the ability of each spouse to independently afford the mortgage and maintenance costs.

Can a spouse keep the home after a divorce?

Yes, one spouse can keep the home after a divorce by buying out the other spouse’s interest. This usually involves refinancing the mortgage in the name of the spouse who wants to keep the house.

What if both spouses want to keep the home?

If both spouses want to keep the home, they can negotiate and come to an agreement. This may involve one spouse buying out the other’s interest or continuing to own the property under a joint tenancy or tenancy in common.

How are mortgage payments and other expenses handled in a divorce?

Mortgage payments and other expenses are usually addressed in the divorce settlement. Spouses may agree on how to divide these responsibilities or seek court intervention to determine the allocation of financial obligations.

What is the role of a divorce attorney in the division of property, including the home?

A divorce attorney can play a crucial role in guiding spouses through the process of dividing property, including the home. They can provide legal advice, negotiate on behalf of their clients, and ensure that their rights and interests are protected throughout the divorce process.