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Who keeps the house in a divorce?

South Carolina sees its fair share of divorces. In this state alone, 10.9 percent of the population has gone through divorce. 

When divorcing, few matters are as serious as determining who gets to keep the marital home. Every case is different, and it ultimately comes down to who actually wants to keep the house and who can adequately pay for it. 

Figuring out who wants to keep the house

Before proceeding, both spouses need to figure out whether they want to fight to keep the house. In the event both parties want to keep the house, it will be up to the court to decide who should retain it. The other spouse can acquire other assets as compensation. A judge often considers who is better capable of paying off the mortgage independently and who will have primary custody of any children. If possible, a judge will try to make it so that the kids grow up in a house they have become accustomed to. 

When only one spouse wants the house, deciding who should keep the home becomes much easier. However, that spouse should consider whether he or she is able to make payments on it. The other spouse may want to get his or her name off the mortgage, which will require the other party to refinance the home. This may not always be feasible, so as much as someone may want a house, it is vital to remain practical.

In cases where neither spouse wants the house, division actually becomes fairly straightforward. The house will go up for sale, and the funds become distributed equitably. This will also eliminate the need for ongoing payments, such as HOA fees and insurance. This will naturally come with everything else entailed with selling a house, such as repairing anything broken, but it could be the most amicable way to go. 

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Lazenby Law Firm

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