Who gets the house after a divorce?
Question Details:
My husband and I have a house 50%/50%. I have a baby and he has an old mother.
The answer to this question depends on many variables. A court will likely consider whether there is a prenuptial, postnuptial or separation agreement in place. If no agreement dictates and the house is considered marital property then who gets the house (or how the value of the house will be divided) may be determined based on equitable distribution. Such distribution does not always mean equal (50/50) but instead considers what is equitable based on the parties' financial profiles.