Deciding who gets the house after a divorce

| Sep 29, 2016 | Property Division |

For some individuals getting a divorce in New Jersey, getting out of the family home is an important part of moving on to a fresh start. In other cases, spouses may have strong reasons for wanting to remain in the family home after the end of their marriage. Because the value of a home is often quite high, real estate division can be a sore point in divorce proceedings.

Ideally, a divorcing couple will come to an agreement about the home on their own. If this is impossible, they may seek the services of a professional mediator or work with their attorneys to reach an agreement about property division. Otherwise, a judge may have to settle the question by either awarding the house to one spouse or even ordering that the house should be sold and the proceeds divided.

Once the matter is in the hands of a judge, he or she will have to make some soft decisions based on the particulars of the case. If the couple has children, the judge may award the house to the custodial parent or delay the sale of the home until the children get older. This is because kids often do better if they can maintain some level of stability after a divorce.

Individuals who are concerned about what will happen to their property after divorce may benefit from speaking with a family law attorney. The lawyer may be able to examine the facts of the case, including the value of the home, whether it will need significant funds for upkeep over the next few years and if any children might be affected by having to move quickly after the separation.



Schepisi & McLaughlin, PA BBB Business Review