If you are in the midst of a divorce, you may be wondering who gets the marital home once the marriage has failed, which is a natural concern for many individuals. The marital home is an important asset for both parties, which is why it makes sense both people would find themselves in disagreement over who has the rights to it.
If you can reach a property agreement with your ex-spouse over the terms of ownership, then the courts need not get involved in determining the rightful owner. However, in case of any kind of conflict, this decision will be left up to the judge who will reflect on a number of factors. A judge will almost always make the fairest decision available, as it is meant to benefit both parties.
Primarily, judges will make this decision based on the equitable distribution method. If the marital home is separate property, it is out of the equation. If not, it will be divided in a way that is equitable, though not necessarily equal. Meaning, if you are unable to prove the property as separate, it will be handled in a way that is reasonable for all involved.
Property division hinges on the following factors:
- Economic circumstances of either spouse at the time of divorce
- Which spouses contributed to the acquisition of the property, and how
- The value of either spouse’s non-marital property
- Either spouse’s behavior during the marriage
- Custodial arrangements for minor children
Contact Our St. Louis Divorce Attorneys Today
At Kallen Law Firm, LLC, we are comprised of strongminded, experienced, and determined St. Louis divorce attorneys who believe in providing you with the most comprehensive legal counsel, care, and representation possible. No matter the complexities of your divorce, we will provide you with real-life solutions, all while guiding you seamlessly through this difficult time.
Contact our St. Louis divorce attorneys today by calling (314) 441-7793.