Married couples generally live in the same home, share the same living expenses and provide one another with both practical and financial support throughout the duration of a marriage. When they divorce, they must find ways to separate the financial lives that have become intertwined during the marriage.
Property division in North Carolina focuses on a fair or equitable outcome. Couples have to work out arrangements for splitting their shared property or ask a judge to make key decisions in a contested or litigated divorce. For those who purchased a house during marriage, possession and future ownership of their home may become the top priorities during property division proceedings.
Which spouse keeps their shared home when a couple divorces?
Property division differs in every case
There is no simple formula that determines the possession of the marital home after a North Carolina divorce. Spouses preparing to negotiate with one another may need to consider carefully whether they can afford the house and if they have the capacity to maintain it without the support of a spouse.
They also need to consider if staying there could be beneficial for their children. Spouses who are pragmatic when considering the marital home can often reach their own arrangement based on the totality of their financial circumstances or their current custody order.
If the case goes to court, judges consider the home as part of the overall marital estate. They factor in custody arrangements for the minor children in the family, pre-existing connections to the property and the ability to maintain the home both physically and financially when they decide who retains the property.
Discussing financial concerns and divorce priorities with a family law attorney can help people identify realistic goals and minimize unnecessary conflict related to property division.
