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What Happens to the Marital Home During a Divorce?

TN Divorce Lawyer

When a couple files for divorce, the division of their property becomes one of the main factors of the settlement.  The family home itself, being one of the strongest sentimental pieces of property from the marriage, often becomes the center point of the argument. The fight over the family home only becomes stronger when children are involved.

So who gets to keep the home?  Regardless of whose name the title of the marital home is under, it is still considered just another piece of the marital assets that will be valued and divided.

If possible, the easiest way to split the property would be to discuss it with your spouse.  A mutually agreed upon division causes the fewest interruptions in the divorce settlement, and could possibly win you the family home without having to fight for it in court.

If the division is contested, however, and both spouses want to keep the family home, a judge will need to decide on who gets it.  In a Tennessee divorce, either spouse may get the home, but the court usually gives special consideration to the parent who will be taking primary custody of the children to give them stability during the rocky divorce.

If no children are involved, the court will view the home as part of all the other assets that will be allocated.  It is possible to sell the house during the divorce, which may be a good idea if either spouse cannot afford it on their own, but selling the property requires either consent from both parties or from a court order.

The division of the marital home is a difficult process that can only become more muddled when both spouses fight for ownership.  Your best option would be to speak with an experienced divorce attorney and see what they suggest.  An attorney would know the complicated details of state laws regarding marital property and would be able to fight for your right to ownership.

If you are considering or have recently filed for divorce, our experienced attorneys are here to assist you in the struggle ahead.  Contact us today and see how we can help you.

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