Who Keeps The House In A Divorce

When a marriage ends, one of the most significant and emotionally charged issues to address is the division of property, and for many, the family home is at the heart of that decision. In Missouri, like in many states, how the family home is treated during a divorce depends on several factors. This blog post will explore the process of dividing the home and what factors influence who keeps the house in a divorce in Missouri.



Missouri follows the principle of "equitable distribution" when dividing marital property in a divorce. This means that the court will divide the property fairly, but not necessarily equally. The goal is to distribute assets and debts in a way that is just, based on a variety of factors. The family home, being one of the most significant assets, will be assessed as part of this overall distribution.



Before determining who will keep the house, it’s important to understand whether the home is considered "marital property" or "separate property."

1. Marital Property: This is property acquired during the marriage, regardless of which spouse's name is on the deed or mortgage. The family home is typically considered marital property if it was purchased during the marriage, even if only one spouse’s name is on the title or the mortgage.

2. Separate Property: This is property that was acquired before the marriage, or property that was inherited or gifted to one spouse during the marriage. If the home was acquired before the marriage or through inheritance, it may be considered separate property and may not be subject to division.



In most cases, the couple will attempt to reach an agreement on the division of their property, including the house, during their divorce proceedings. If they can’t agree, the court will make a determination based on the circumstances of the case.

Factors the court will consider include:

• The needs and financial circumstances of each spouse: If one spouse is primarily responsible for the children or has a significantly lower income, the court may allow them to keep the family home as part of the division of property.

• The value of the home: The court will look at the current value of the home and whether either spouse is entitled to compensation for any equity accrued during the marriage.

• Contributions to the home: Contributions are not just financial. A spouse who has contributed to maintaining, improving, or taking care of the home may be entitled to a larger share or the right to keep the home.

• Ability to afford the home: If one spouse is awarded the home, the court will consider whether that person can afford to continue paying the mortgage and property taxes, especially if there is a significant difference in income or financial stability between the spouses.

• Children’s best interests: If there are children involved, the court will often consider whether it is in their best interest to stay in the family home. This might influence the decision, especially if the home provides stability for the children.



If one spouse wishes to keep the house, they may need to buy out the other spouse's share of the equity in the property. This can be done through a lump sum payment or by assuming responsibility for the mortgage. In some cases, one spouse may be awarded the home in exchange for other assets, such as a larger share of retirement accounts or savings.

However, keeping the house may not always be feasible if one spouse cannot afford to maintain it. In such cases, selling the home and splitting the proceeds may be the best option.



Yes, in some cases, the court may order the sale of the home. This is especially true when neither spouse can afford to keep it, or when a fair distribution of the marital property would not be possible without selling it. The court may also order the sale if the parties are unable to agree on who will keep the home.



In Missouri, who keeps the house in a divorce depends on a variety of factors, including the nature of the property (marital or separate), the financial circumstances of the spouses, and the best interests of any children involved. The goal of Missouri’s equitable distribution law is to ensure a fair and just division of assets, and when it comes to the family home, this can often mean a complex negotiation or court decision.



If you are navigating a divorce in Missouri and are concerned about the fate of the family home, it’s a good idea to consult with a family law attorney who can help you understand your rights and options based on your unique situation. At Finder Law, LLC, we have over a decade of experience in family law and can help you in this important and stressful time. We provide compassionate advice and help you understand this often-complex process.

Call our office today to set up a consultation and ensure that you receive a fair outcome in your divorce.