In a divorce, how is it determined who gets the house?

UPDATED: Aug 24, 2011

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In a divorce, how is it determined who gets the house?

My husband and I have some issues. He is not willing to change the way he is living, which is hurting me he said deal with it or divorce me. We have 2 children, and own a home together. If I tell him I want a divorce, I know him he will tell me to get the papers since I want it. Then he will tell me since I want the divorce that I need to leave our home. What would I do in this situation? I want to keep our house and be able to raise our children in it?

Asked on August 24, 2011 Washington


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Good morning,

Thanks for posting to our website and I hope to offer some guidance. To get right to it  the reality is there is no black and white answer. Is there a possibility you will not get to keep the house, yes. It completley depends on the situation which would require an in depth consultation with an attorney. Most attorneys offer a free consult so the best advise is for you to take advtange of that.

I can say that in most cases the mother gets custody and that is an incentive to the courts for her to get the house, so as not to cause more issus in the childrens lives. But again this is very general. Without knowing your financials, job status, marriage length, and reasons for the divorce I cannot tell you with any certainty how I feel this will play out.

I wish you luck

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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