Based on reports and regulations of the National Association of Divorce Professionals, divorces, where children are involved must be resolved with the children considered top priorities. The Association and the Jensen Family Law – Mesa suggest that divorcing couples must ensure their children are provided with secure homes considering a safe home reduces the disruptions and effects of the divorce on children.
Who Gets the House in a Divorce With Children According to the Law
Normally, the law and the National Association of Divorce Professionals rule that the one who gets the house is those responsible for custody responsibilities. The one responsible for the daily care of the children is entitled to the house whether they are the ones filing for the divorce or not. However, besides being in custody responsibilities of the children, other factors determining who gets the house include:
- A Single Couple’s Personal Property
If you’re the owner of the home or house, meaning you bought it by yourself, the court will determine other factors like who is taking the full custody of the children, but the chances of entitled ownership of the house are high. Usually, the law awards each their separate properties before sharing what they had as a family in a 50/50 proportion. However, suppose you or your spouse owns the house. In that case, you can still agree to share everything as family-owned properties, especially when planning to avoid affecting your future relationships for the children’s sake.
- Partial Individually or Partial Family House Ownership
Suppose your family house is partially separate and partially community meaning one partner paid more for it. In that case, the one with partial individual ownership will likely be entitled to the house. On the contrary, if the house was bought with more family money than one spouse’s money, it goes to those taking full custody of the children.
- The One Who Can Afford
Generally, most states’ laws don’t entitle houses to divorced parties who cannot afford it. Primarily, the law suggests places with a mortgage should always be given to those who can comfortably pay to avoid affecting children’s lives. If you’re the lesser-earning party, you will mostly be entitled to custody and spousal maintenance responsibilities. At the same time, the other pays for home mortgages since you can easily be excused for not fully meeting alimony and custody dues but not mortgage responsibilities.
- The One Operating Family Businesses
If you’ve got family businesses linked to the house, the one operating them is more likely to be entitled to it. A good example is when you’ve established businesses using the family house, such as adult-care centers. In that case, the one running the center is given the home and the company whether they are taking full custody of the children or not.
- When Children Are Demanded to Live in a Family Home
Usually, most attorneys and state laws like to rule divorces by keeping children in their former family house. When this happens, it means those taking complete custody responsibility of the children are entitled to ownership of the house. According to the National Divorce Association and a study by the Mental Health Institute, children of divorced parents who grow up in their former homes tend to develop psychologically, especially in solving and sharing things excellently.
- When Avoiding Moving Expenses
Suppose you’re the one who gets full custody of the children but doesn’t qualify to be given the house for reasons like the house being a single spouse property or running a family business in it. In that case, the law can entitle you ownership for avoiding moving expenses, especially if you’re financially unstable. Moving expenses are also considered divorce disruptions, which the court avoids concerning minimizing the adverse effects of the divorce on children’s psychological and physical health.
Factors to Consider for the Ownership of the House Based on Characterization of Separate and Family Properties
According to the National Association of Divorce Professionals, determining who gets the house when children are involved still depends on factors such as:
- Gifts
Normally, gifts are considered exceptions based on the property characterization rules. Suppose the family house is a gift given to one spouse; proof of separate ownership is demanded from the recipient who is likely to be entitled to the house if they prove it was given to them separately as a gift.
- Inheritances
If one spouse inherits the family house, most state laws suggest that such properties are the spouse’s individual properties; thus, they will be entitled. Unlike gifts, inheritances hardly demand proof of ownership, especially if the spouse’s family owning the house agrees it was given to their child.
When you’re divorcing with children, there can be confusion about who gets the house. However, factors like taking full custody responsibilities, personal ownership proof, inheritance, and gifts considerations determine who is entitled to the house.
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