Who Gets the House in a Divorce?

If you’re in the midst of a divorce, or if you’re considering whether a divorce might be the right option for you in the near future, you’re probably wondering who will get the house. The family home is usually one of the largest investments that a couple ever makes, so it’s not surprising that it would be at the forefront of divorcing spouses’ minds.

Before discussing who gets the house in a divorce, it helps to understand how assets are divided in general. Florida follows the equitable distribution approach, which requires courts to divide marital assets as fairly as possible, even if the division doesn’t come out to an exact 50-50 split. If a judge doesn’t think it would be fair to divide a couple’s assets straight down the middle, he or she can make adjustments based on:

• The length of the marriage
• How much each spouse contributed to the marriage and to the acquisition or improvement of marital assets
• Whether either spouse purposely destroyed marital assets in the time leading up to the divorce
• Various other relevant considerations

When it comes to the issue of who gets the house in a divorce, there are a number of possible outcomes. In some cases, a judge will order a divorcing couple to sell their house and split the proceeds. In other instances, the judge will allow one spouse to stay in the house so long as he or she can buy out the other spouse’s share. This is why it’s so important to retain a knowledgeable divorce attorney—he or she will be able to look at the circumstances of your case and provide you with advice that’s tailored to your unique situation.

Skilled Representation for Clients in the Tampa Bay Area

If you’re involved in a divorce and need the assistance of an experienced family law attorney, you can turn to the professionals at the Law Offices of Audrey A. Jefferis, P.A. Contact us today to schedule a consultation at our main office in New Port Richey or at our satellite office in Palm Harbor. We’ll be glad to speak with you about the division of assets and other issues that may arise during your divorce proceedings.