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

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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

Answers:

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

Answered 10 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


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