Fighting Over The House During Divorce
When a marriage ends, one of the biggest points of conflict is often the family home. It’s not just a financial asset—it’s where you built your life, raised your kids, and created memories. So it’s no surprise that you and your spouse may both want to keep it. Our Tacoma, WA divorce lawyer knows that deciding who keeps the house during divorce is not just about emotion. It’s also about what makes sense legally and financially. Even if your divorce is ending amicably, this can throw a wrench in your plans.
If you’re in this situation, it helps to look at the full picture. The court will consider several factors when deciding who, if anyone, gets to keep the house. Knowing what to expect—and how to prepare—can help you make decisions that protect your future. Each year, our peers vote us Super Lawyer and we want to make sure you are getting the help you need. Give our office a call.
Start By Looking At Ownership And Equity
First, consider how the house is titled. If it’s in both of your names, it’s considered marital property in most cases, even if one of you paid more into it. If it’s in one person’s name, that doesn’t automatically mean the other has no claim. What matters most is whether the house was purchased during the marriage and how it was paid for.
The court will look at the home’s current value and subtract any remaining mortgage or debt. That gives you the equity—the portion of the home that has value after debts are paid. If one of you wants to keep the house, that person will likely need to buy out the other’s share of the equity.
Think About What You Can Afford
Wanting to stay in the home and being able to afford it are two different things. If you’re asking to keep the house, the court will want to see that you can manage the mortgage, taxes, insurance, and upkeep on your own. If you rely on your spouse’s income or if both incomes are needed to cover the mortgage, you may need to reconsider.
On the other hand, if your spouse wants to keep the home, they’ll need to show the court they can afford it. In some cases, the court may order the house to be sold if neither of you can keep it without financial strain.
Consider How It Affects The Rest Of The Settlement
Keeping the house may mean giving up something else. You may need to trade away your share of retirement accounts, vehicles, or other assets to make things even. The court’s goal is to divide property fairly, not necessarily equally. If one person takes on the house, the other may get a larger share of other marital property.
Before making a decision, think about how keeping the house fits into your long-term financial plan. Will you be able to refinance in your name alone? Will it limit your ability to move forward in other areas of your life?
Protect Your Rights And Make Informed Choices
Fighting over the house can turn emotional quickly. It’s important to stay focused on facts, not just feelings. A family lawyer can help you understand your legal rights, review your financial position, and find a strategy that makes sense for you.
Attorneys like those at Robinson & Hadeed have seen firsthand how stressful property disputes can become during divorce. But with the right guidance, you can weigh your options and work toward a solution that supports your goals. If you’re in the middle of a divorce and facing tough questions about who gets the house, don’t try to figure it out on your own. Many other attorneys send their cases to us, so trust us with something this important to you. Reach out today to schedule a consultation and talk through your options with a family law attorney who can help you make the right decision for your future.
