Who Gets the House in a Divorce and How does Alimony Work?

You are getting a divorce, and it’s time to figure out significant questions like, Who Gets The House in a Divorce? What happens to the house? Can I keep the house? What is a divorce house buyout, and how does it work? Do I have to refinance the home after a divorce? Etc.

In the United States, usually, the primary caregiver gets the house in a divorce. The courts may award the place to the person with the children because it is considered in the children’s best interest. However, this is not always the case; there are factors that the court considers before deciding who gets the house. Click here to know more about divorces and everything that is included in divorce proceedings.

Let’s explore these questions in more depth.

What Happens to the House in a Divorce?

What happens to the house in a divorce is an issue with significant emotional and economic significance.

Two questions are revolving around the man question.

  • Who gets to stay in the house between the time the divorce is filed and final orders?
  • What will happen to the house at the time of the last order?

If there are school-going children, the children’s primary caretaker usually gets the house temporarily as it is considered in the child’s best interest. Courts generally preserve the status quo during the pendency of the case.

There is no law saying the person who gets the house temporarily is awarded the place in final orders of the divorce, but getting possession of the house temporarily can help receive the house in the last rankings.

Who Decides Who Keeps the House?

If the parties do not agree, the judge decides what will happen to the marital home in a divorce. The court determines how to divide the party’s assets and debts equitably. The court considers each party’s wishes regarding keeping the house while making the determination.

Who Gets the House in a Divorce?

The question is not that one gets the house versus the other, but what the parties are doing with the house, what is the most sensible finance plan around the house, which party is more financially stable to afford the place, which party can buy out the other party to receive the house, are the factors that are considered while deciding who gets the home in a divorce.

If either of the parties cannot afford the house, none of them gets the place, and the funds received after selling the home can be decided mutually by both the parties or by a judge.

Suppose you are willing to keep your house after a divorce and seek professional help for the same. Click here to get professional help and understand how does alimony work.

How Does Alimony Work?

Before we get into knowing how alimony works, it is essential to understand what maintenance is.

What is Alimony?

Spousal support or Alimony is the court-ordered financial support paid from one spouse who earns considerably more than the other. Judges commonly grant spousal support in divorce cases where the couple was married for a long time or when one spouse gave up a career to raise the children.

Different Types of Spousal Support

Not all spousal support is the same. The maintenance amount and duration depend on certain factors of a divorce case. Most states offer the below types of Spousal support:

  • Temporary Support
  • Permanent support
  • Lump-sum support
  • Rehabilitative support

How Does Alimony Work?

The alimony works differently as per the type of alimony decided by the court. If you have been married for less than 20 years, you are not entitled to collect alimony for more than 50% of the length of the marriage. For example, if you have been married for ten years, a judge will ask the higher-earning spouse to pay the dependent spouse the alimony amount for five years. If you have been married for 20 or more years, there is no limit to how long you can receive alimony.

The court can also ask the higher-earning spouse to pay alimony in the form of a lump-sum payment or as guided by the court. Click here to know more.

To Conclude –

If you are willing to keep your house after a divorce seeking the help of a family law attorney is advised. They have the skills, resources, and experience to fight for their rights.



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