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Who will get the house in the divorce?


Facing a divorce is difficult, even if you were more than ready for your marriage to be over. You know your life will change, but you aren’t certain about every aspect of how it will. You will face dividing marital property with your spouse and that could mean you will have a difficult time deciding who will keep your home.

Asset division in divorce

In Tennessee, spouses must equitably split any property bought during a marriage. Your home may be your largest asset. If you and your spouse bought it while you were married, you will each be entitled to a share of its worth. You will also likely split these assets and debt:

  • Retirement account savings
  • Investments
  • Vehicles
  • The assets of a business you own
  • Furniture and other valuables
  • Credit card debt

As part of your divorce, you will have to decide which assets you are most interested in keeping. If you don’t want your children to have to move, you may need let your spouse keep more of their retirement savings or other assets to compensate for their share of equity in the home.

Marital assets vs. separate assets

If you bought your home before you married, you may wonder if it is a marital asset and subject to asset division. That can be tricky to differentiate. If you put your spouse’s name on the title or your spouse has contributed to mortgage payments or upgrades, then part of your home’s worth can be a marital asset.

Financial considerations for keeping the marital home

If you want to keep the marital home, you also need to consider if you can still afford it after you divorce. Will you be able to pay the mortgage payments on your own? Will you be able to keep up with the maintenance and repair costs? If you have been a stay-at-home parent or only working part-time, you may need to look for full-time work to pay for the home on your own.

Your marital home likely has a lot of emotional memories tied to it. You may want to try to keep it even though it may not be your best financial decision. If you are working with an experienced divorce attorney, you’ll have a better understanding of what assets you’ll receive in your divorce and whether keeping your marital home is worth fighting for.