Dividing assets in a divorce can be one of the most complex and emotionally charged aspects of the process—especially when it comes to the family home. At Benjamin Kaasa Law Office, PLLC, we help clients in and around Duluth, MN, navigate property division with clarity and confidence. In Minnesota, property division follows the principle of equitable distribution, meaning assets are divided fairly, though not necessarily equally. So, who gets the house in a divorce? The answer depends on several factors.
Is the Home Marital or Non-Marital Property?
Before determining who keeps the house, it’s important to establish whether the home is considered marital or non-marital property. Generally:
- If the home was purchased during the marriage, it is typically considered marital property and subject to division.
- If one spouse owned the home before the marriage, it may be considered non-marital property, though exceptions can apply if marital funds were used for mortgage payments or renovations.
Factors Courts Consider When Dividing the Home
If the home is classified as marital property, courts will consider multiple factors to decide who, if anyone, keeps it:
- Children’s Best Interests – If children are involved, courts may favor awarding the home to the parent with primary custody to maintain stability.
- Financial Circumstances – The ability of each spouse to afford the home, including mortgage payments, taxes, and upkeep, plays a key role.
- Equity in the Home – If one spouse contributed significantly more to the purchase or upkeep of the home, they may have a stronger claim.
- Other Assets in the Divorce – The home may be awarded to one spouse while the other receives an equivalent value in other marital assets.
- Spousal Agreements – If a prenuptial or postnuptial agreement exists, it may dictate how the home is divided.
Options for Dividing the Home
When a decision is made about the house, there are typically three common solutions:
- One Spouse Buys Out the Other – The spouse who wishes to keep the home compensates the other for their share.
- Sell the Home and Split the Proceeds – If neither spouse can afford the home or wishes to keep it, selling and dividing the equity may be the best option.
- Co-Ownership for a Period of Time – In some cases, spouses may agree to retain joint ownership for a set period, such as until children graduate from high school.
How a Family Lawyer Can Help
Dividing a home in a divorce is a complex process that requires careful negotiation and legal guidance. At Benjamin Kaasa Law Office, PLLC, we help clients in Northern Minnesota navigate property division and protect their financial interests. If you’re going through a divorce and have questions about who gets the house, Call us at (218) 464-3397 or visit us online to schedule your consultation to discuss your options.