{"id":351750,"date":"2020-05-29T08:02:47","date_gmt":"2020-05-29T13:02:47","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/divorce\/divorce-who-gets-the-house.html"},"modified":"2023-06-27T08:06:38","modified_gmt":"2023-06-27T13:06:38","slug":"divorce-who-gets-the-house","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/divorce-who-gets-the-house.html","title":{"rendered":"Divorce: Who Gets the House?"},"content":{"rendered":"\n
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Divorce: Who Gets the House?<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Each state has establishes their own divorce laws, including those concerning the division of marital property. Marital property is the property (both personal and real) acquired during the marriage. Your state’s divorce laws will guide the court in determing who gets an asset.<\/p>\n\n <\/div>\n\n

Separate property is anything acquired before marriage. Separate property also includes gifts, inheritances, and some personal injury settlements. Spouses usually keep their own separate property in a divorce. If you sold separate property to buy other real estate, the new property may remain separate property<\/a>.
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The most significant factor determining how a separating couple’s home will be split is whether their state follows the community property<\/i> approach or equitable distribution<\/i> rules. This article provides an overview of the state laws and rules determining who gets the family home in a divorce.<\/p>\r\n

State Divorce Laws<\/h2>\r\n

Divorce laws vary from state to state.<\/a> These laws differ on how the divorcing couple splits marital property. Property division rules apply to marital property, not separate property. A home purchased after the couple marries is marital property. If one spouse inherited the house from their parents, it may be separate property.<\/p>\r\n

Property division will depend on several factors, including:<\/p>\r\n