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Family Law Attorney

I provide experienced legal guidance in family law, divorce and special education law. I represent parents and families throughout western Massachusetts.

Determining which party gets the house in divorce

In divorce, there is much that can prove contentious. Massachusetts residents going through the marriage dissolution process know how difficult many of these divorce issues can prove to be. After all, there are many aspects of a person's life that can change dramatically after a divorce. This can include what assets a person possesses, how much time a parent will get to spend with his or her children, as well as where the person will live following the divorce.

Oftentimes, a divorcing party desires to hold onto the family home following a divorce. This may be for sentimental, financial practical reasons. Regardless of the reasons, there are a few things to consider when looking at who will get the house in a divorce. Although there is usually no way to know for certain who will end up with the family home, there are a few general factors that often play into these determinations.

For one, if children are involved, this can have a large impact on the final ruling. Oftentimes, it is the parent who is awarded physical custody of the children - that is, the parent who does most of the work raising the children - that gets to retain possession of the family home. With no children involved, it can become much more complicated. Though spouses usually do not have the right to lock the other spouse out of the home, a person may always request to have the other spouse vacate the house.

The family home, like other marital property, can be a source of a lot of stress for divorcing couples. However, it is possible to prepare a strong legal strategy that takes into account all of a person's property division desires. Attorneys are available to help devise such a strategy.

Source: FindLaw, "Divorce property division FAQ," accessed on Dec. 7, 2015

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Claudette-Jean Girard, Attorney at Law
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