You are getting a divorce, and it’s time to figure out significant questions like, What happens to the house? Can I keep the house? What is a divorce 이혼재산분할 house buyout, and how does it work? Do I have to refinance the home after a divorce? Etc.
In the United States, usually, the primary caregiver gets the house in a divorce. The courts may award the place to the person with the children because it is considered in the children’s best interest. However, this is not always the case; there are factors that the court considers before deciding who gets the house.
Let’s explore these questions in more depth.
What happens to the house in a divorce is an issue with significant emotional and economic significance.
Two questions are revolving around the man question.
- Who gets to stay in the house between the time the divorce is filed and final orders?
- What will happen to the house at the time of the last order?
If there are school-going children, the children’s primary caretaker usually gets the house temporarily as it is considered in the child’s best interest. Courts generally preserve the status quo during the pendency of the case.
There is no law saying the person who gets the house temporarily is awarded the place in final orders of the divorce, but getting possession of the house temporarily can help receive the house in the last rankings.
Who Decides Who Keeps the House?
If the parties do not agree, the judge decides what will happen to the marital home in a divorce. The court determines how to divide the party’s assets and debts equitably. The court considers each party’s wishes regarding keeping the house while making the determination.
Who Gets the House in a Divorce?
The question is not that one gets the house versus the other, but what the parties are doing with the house, what is the most sensible finance plan around the house, which party is more financially stable to afford the place, which party can buy out the other party to receive the house, are the factors that are considered while deciding who gets the home in a divorce.
If either of the parties cannot afford the house, none of them gets the place, and the funds received after selling the home can be decided mutually by both the parties or by a judge.
Suppose you are willing to keep your house after a divorce and seek professional help for the same.