What are My Rights Regarding the Family Home During Divorce?

Pew Research Center states that the primary residence represents about half of the average family’s net worth. Based on this statistic, disputes over the family home during divorce are inevitable. The home is often the most important asset in the family estate, and you may be desperate to keep hold of it during your divorce in Lebanon, PA. Who gets the family home? What about your rights as a homeowner? These are all questions you can explore with your divorce lawyer.

Did You Own the Home Prior to Your Marriage?

When determining your rights during property division, your first step should be to consider the purchase date of the family home. If you purchased the home before the marriage, it could become “separate property” during divorce. In other words, you may not need to worry about dividing it with your ex. If your ex purchased the property before you signed your marriage contract, you might not have any right to pursue ownership of the home.

That being said, separate property can become “marital property” in certain ways. For example, one spouse might have purchased the home before marriage, but what happens if the other spouse starts paying the mortgage? What happens if the other spouse uses their inheritance to make a lump-sum mortgage payment? In this situation, the home could become commingled property, consisting of both separate and marital assets.

What if We Purchased the Home During Marriage?

If you purchased the home during marriage, it usually becomes “marital property.” As a result, you will need to divide it with your ex according to the equitable distribution system in Pennsylvania. This essentially means that each spouse should walk away with roughly 50% of the home’s value. However, courts will consider various factors as they attempt to divide property in an equitable manner.

In terms of the family home, one of the most important factors to consider is whether either spouse contributed to the value of the property during the marriage. For example, one of the spouses might have completed a “DIY renovation” with hard work and labor. Perhaps they renovated the bathroom or completed a landscaping project in the garden. These contributions could allow spouses to receive a higher portion of the property’s wealth.

On the other hand, the court may also consider whether either spouse reduced the value of the property. For example, they might have smashed several windows in a drunken rage. Perhaps they left graffiti on the walls after learning about an impending divorce.

Can a Divorce Lawyer in Pennsylvania Help Me?

A divorce lawyer in Lebanon, PA, may be able to help you fight for your rights during the property division process. The family home is often the most lucrative asset during a divorce, and it makes sense to keep hold of it if possible. That being said, there are many potential outcomes to consider. Each divorce is slightly different, and a lawyer may be able to offer more personalized guidance compared to an online article. Continue this conversation by contacting Feeman Law today.