Divorce FAQ – Who gets the house?

16 August 2011 Categories: All Blogs, Family Law and Divorce

Often in a divorce case one of the biggest areas of contention is the house. A few years ago when handling a divorce case, many of our clients were trying to figure out not only who gets the house, but how to divide up the equity. With the downturn in the economy, especially in the housing market, there has been a shift in many of the cases toward who is responsible for the debt owed on the house.

The division of property and debt in a divorce case is based on a series of factors including whether the house is considered separate or marital property, who paid the mortgage, the other spouse’s help in upkeep of the house or paying other bills so the spouse who paid the mortgage could pay it, the length of the marriage, and the financial position of the parties before the marriage.

As you can tell the question of “who gets the house?” is not easily answered. McNulty & Associates has handled a wide variety of divorce cases including property division, and we would be glad to set up a free consultation to discuss your case.

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