Who Keeps the House in a New Jersey Divorce?

Divorce is rarely simple, and when it comes to dividing property, the family home often becomes the center of conflict. For many couples, the house is more than just a piece of real estate. It may represent financial security, cherished memories, and stability for children. Deciding who keeps the house during a divorce involves both legal principles and practical considerations that can feel overwhelming without the right guidance, but our firm is here to help. Continue reading and reach out to the seasoned Sussex County divorce lawyers here at Gruber, Colabella, Thompson, Hiben & Montella to learn more. Here are some of the questions you may have:

How Does New Jersey Divide Property in Divorce?

New Jersey follows the principle of equitable distribution. This means property is divided fairly, though not necessarily equally. The court considers a wide range of factors to determine what “fair” looks like in each case. These include the length of the marriage, the standard of living established during the relationship, each spouse’s income and earning potential, and contributions made by both parties.

It is important to note that the family home is usually considered marital property if it was purchased during the marriage. Even if only one spouse’s name is on the deed, the equity built up in that home may still be subject to distribution. In some situations, if the house was owned by one spouse before the marriage, part of it may still be divided if marital funds were used to pay the mortgage or make improvements.

Can One Spouse Keep the Home After Divorce?

In many cases, one spouse wishes to remain in the home, especially if children are involved. Courts often take the best interests of the children into account, and stability in their living situation can be a deciding factor. The spouse who remains in the home may need to buy out the other spouse’s share of the equity. Sometimes, this is accomplished by refinancing the mortgage or giving up rights to other marital assets to balance the division.

However, it is not always financially feasible for one person to maintain the property alone. Mortgage payments, taxes, and upkeep costs can be difficult to manage on a single income. For that reason, many couples ultimately agree to sell the home and divide the proceeds, even if that decision feels emotionally difficult.

What Should You Consider Before Making a Decision?

The house may hold deep sentimental value, but it is also a major financial commitment. Before fighting to keep the property, it is wise to consider whether doing so is truly in your long-term best interest. Can you comfortably afford the mortgage, taxes, and maintenance without financial strain? Will holding onto the house limit your ability to move forward after divorce?

A divorce lawyer can help you evaluate your options realistically. Sometimes creative solutions, such as delaying the sale of the home until the children finish school, can be negotiated. Every case is unique, and the right outcome depends on both your financial circumstances and your goals for the future.

If you have further questions or would like to speak with a competent attorney about your case, simply contact Gruber, Colabella, Thompson, Hiben & Montella today.