Property & Assets

Who Gets the Family Residence?

The family home is typically the largest asset and investment that spouses have made through the length of their marriage. As such, this is often a disputed issue in any divorce or legal separation. If you need help in establishing who should get the family residence in your divorce, contact an attorney at our law firm. We can help determine how to protect your interests and legal rights in regard to your home.

The most common occurrence in a divorce will be that the residence will be considered community property and therefore subject to equitable distribution between spouses. Each spouse will technically own half of the property and will hold it as joint tenants. Some questions may arise, however, particularly if:

  • One spouse paid the entire down payment
  • Only one spouse's name is on the deed, but both spouses have been contributing to the monthly payments on the home
  • One spouse already owned the home, prior to the marriage
  • The home was acquired and paid for by one spouse in the marriage

Your residence may be important to you from both a financial and emotional standpoint, and it may be very important to your children as well. Make sure you have a lawyer who can protect your rights in this matter in order to help you reach a case outcome that works for you and your children. Your name may or may not be on the deed, but you may still have the right to claim part or all of your family residence. An attorney can review the particular situation to determine how your home may be affected in your divorce, whether you are going through an uncontested divorce and are working to reach an out of court agreement, or if your divorce is going to be taken to trial.

Contact a skilled and aggressive divorce attorney at our firm today!