Who Gets the House in a Divorce?

Thinking about your future post-divorce can be a scary time in any person’s life. Whether you’ve been in a long-term marriage or one of a shorter duration, post-divorce planning almost always involves one thing: change. Change is a daunting task. Thinking about whether you will have to move out of your home brings another set of challenges. But what if you want to stay in your home? Is it possible to force your spouse to move out instead?

On rare occasions a Judge will force one spouse to move out of the marital home during the pendency of a divorce unless domestic violence or other extenuating circumstances are involved. However, in a post-divorce situation, there are several factors a Court will look to determine who gets to stay in the marital home, if either of you. There are three options when determining equitable distribution of the marital home: sell it, buy out your spouse’s share of the equity and remain in the house, or your spouse buys out your share of equity and stays in the marital home.

New Jersey is an equitable distribution state. This means courts divide assets “equitably”and not necessarily equally. Therefore, the home sale proceeds will be distributed equitably between the two of you. Similarly, if either of you buys the other out, the buying spouse will have to pay the other their equitable share of the home to keep it. Whether you have children and they remain with you will also play a role in allowing you to stay in a home. Ultimately, if the two of you cannot agree, the decision will be left up to a Court.

Have further questions on the process? Have a tricky situation you think has no answer? Contact our firm today and we will provide you with comfort and direction in an assurance that we know what to do for you.