What Happens to the Marital Home in a Divorce?

In a Pennsylvania divorce, a marital home that was purchased during the marriage will almost certainly be considered marital property. And because PA is an equitable distribution state, this means the court will address the home according to what’s fair, or equitable, given the relevant circumstances. While assets can be split evenly between both spouses, they aren’t always. Our experienced Harrisburg divorce attorneys at McDonald Myers Law are standing by to help.

Whose Name Is on the Title Isn’t the Determining Factor

Ownership of your family home will not be determined by whose name is on the title. If you bought the house during the marriage, it’s very likely marital property. Even if one spouse owned the home before the marriage, any increase in its value during the marriage, including increases from improvements paid for with marital funds, may be treated as marital property.

Moving Out Does Not Mean Giving Up Ownership

Simply moving out of your marital home voluntarily prior to divorce does not affect your ownership interest in it. It’s important to note, however, that neither of you can be forced to leave your family home short of obtaining a special court order or as a matter of a protection-from-abuse (PFA) order.

Keep in mind that, if you leave your divorcing spouse in your family home with your shared children during divorce, it could affect the outcome of your child custody terms. Pennsylvania courts are committed to the best interests of the involved children, and one factor they pay careful attention to is the status quo. This means your children’s current living situation and how well it serves their best interests. Ultimately, moving out could do you a disservice.

How Pennsylvania Courts Address the Family Home

Generally, both spouses have a significant financial interest in the family home, which is often their most valuable asset. Since your home can’t be physically split between you and your soon-to-be ex, one of the following options generally applies:

• One spouse buys out the other’s ownership in the home directly, which can mean with cash or with other marital assets. This generally requires refinancing on the part of the spouse taking over the mortgage.
• The house is sold, and the spouses divide the proceeds equitably. This is generally the best option when neither spouse wants to keep the home or when neither can afford it.
• The couple defers the sale of the house and continues to own it together until a date in the future, such as when the youngest child finishes high school.

Your family home is an important consideration in your divorce, and a trusted divorce lawyer can help you protect your financial rights.

Turn to Our Experienced Harrisburg Divorce Lawyers for the Help You Need

Our capable Harrisburg divorce attorneys at McDonald Myers Law use our experience to seek favorable case resolutions for our valued clients, and we’re here for you, too. Learn more by contacting us online or giving us a call at 717-704-9077 today.