As a married couple, your most important, and probably most valuable asset is your home. Unfortunately, in most cases, when couples get divorced, only one spouse gets to keep the house. Read on and reach out to our Morristown property distribution lawyer to learn more about who gets to keep the house in a divorce in New Jersey and how our firm can fight for your best interests. Here are some of the questions you may have:

How do courts decide on who gets to keep the house in a divorce?

Courts will consider a wide array of factors when determining who gets to keep the house. To start, they will first have to determine if the house is marital property. In most cases, a home is considered marital property. Even if one spouse primarily paid for the house, if the other spouse contributes to the home by doing weekly chores, going food shopping, raising children, and more, they may be entitled to a portion of the home. Just some of the factors courts will consider when determining who gets to keep the house are as follows:

  • The present value of the property
  • Both spouses’ yearly salaries
  • The standard of living established in the marriage
  • The child custody agreement in place, if any
  • The extent to which both spouses contribute to the house, monetarily and non-monetarily
  • The duration of the marriage
  • Any debts or liabilities
  • Any other factor the court deems relevant

Is there any way to protect my house from a divorce?

Fortunately, there are ways to protect your home from a divorce. To start, if you’re not yet married and have purchased a home, you and your spouse-to-be can specify who will get the house in a divorce in a prenuptial agreement. If you’re already married and you haven’t drafted a prenuptial agreement, however, you can draft a postnuptial agreement, which will serve the same basic purpose. If you haven’t drafted either of these documents and you’re about to get divorced, your best line of defense is a competent Chatham divorce lawyer who can fight for the outcome you need. Graves Andrews, LLC is here to help, no matter where you are in the process. Pick up the phone and give us a call today so we can get started.

Contact Our Experienced New Jersey Firm

Graves Andrews, LLC is an experienced Morris County family law & criminal defense law firm serving all of New Jersey. Contact Graves Andrews, LLC to schedule an initial consultation to learn more about our services and how we can assist you. Reach out to our experienced attorneys today to get started.