Top Three Ways to Decide Who Gets the House in a Divorce
Top Three Ways to Decide Who Gets the House in a Divorce
By Alison Litt
No one has ever claimed that divorce is easy – there are always numerous issues to iron out before making it to the end of the process. One of the stickiest issues is the matter of who gets the house. Often times, both parties feel entitled to keep the marital home. Whether you’re the one who has paid the mortgage all along or the one who spent the most time taking care of your home, there is no easy answer to who deserves it more. Let’s take a look at some ways to resolve this complicated dispute with a make-believe scenario.
FICTIONAL FACT PATTERN
Ken files for divorce in Massachusetts against Barbie. Barbie has been a stay-at-home mom to their four
children (ages 17, 15, 13, 11) for fifteen years and Ken has a job where he earns $300,000 per year. Barbie and Ken love their family home in Newton, MA, and both parties want to keep the house for themselves.
Upon receiving a Complaint for divorce, Barbie immediately tells Ken, “I have raised our kids in our
family house, stayed home from work all of these years, and as a result, I get the house, so you’d better move out.” Ken then says to Barbie, “My work paid for this house, and therefore I am staying, and you’d better move out.”
TOP THREE WAYS FOR SPOUSES TO SETTLE THE HOUSE OWNERSHIP
Answer: There is typically no magic answer to this question, unfortunately (“It depends,” or “It is a
grey area” are common responses).
1. COME TO A JOINT AGREEMENT WITHOUT THE COURTS:
Barbie and Ken can come to an agreement amongst themselves by finding a way to satisfy both of them.
One spouse can offer the other spouse a “BUY OUT.”
- Barbie or Ken can offer to buy out the other spouse’s share of the home and potentially offset their share with other assets. The house could be refinanced if there is a mortgage to change the mortgage and house into their own name.
2. LITIGATE AND LET THE COURT DECIDE:
Barbie or Ken can file a motion for a Temporary Order to request that the Court order one of them the
house, or they could file a Motion to Vacate if they have a good argument to prove their case.
Both would present arguments and evidence to prove their case to the judge. Please note that this can
take a lot of time to gather evidence and create an argument, and this can be very expensive.
3. PARTICIPATE IN AN ALTERNATIVE DISPUTE RESOLUTION:
Barbie or Ken can ask the other to partake in an alternative dispute resolution (mediation, conciliation,
arbitration) in order to come to an agreement with the help of a professional who will work with the parties to come up with a potential resolution.
A mediator – an unbiased professional who works with both spouses to help them come to a resolution
An arbitrator – a neutral third-party acts as a judge to resolve the dispute
A conciliator – a free process where a neutral third party helps parties resolve a dispute
CONCLUSION:
Any way you choose to proceed, this is a very sensitive and difficult process. We are here to help.
Please call or email us today for a private confidential consultation.
Our firm serves the Probate and Family Law Courts of Middlesex County and Norfolk Counties. We also
serve all courts in Plymouth County, including the Family and Probate Courthouses in Plymouth, Hingham, and Brockton, as well as the Family Courts in Middlesex County and Norfolk County.
Contact me today at divorcesquad.com/listing/alison-litt/
