Who Gets the House in Divorce?

Splitted or broken pendant of key ring in shape of house

For many of us, the family home is more than just a place to live—it’s where memories are built and lives are shared. When facing divorce, the question of who keeps the house can feel deeply personal and emotional. In Arizona, the decision isn’t always straightforward. Factors like your financial situation, your children’s needs, and the state’s community property laws all play a role. As you consider what’s best for your future, it’s important to understand how these elements might impact your home.

Understanding Arizona’s Community Property Laws

In Arizona, our community property laws dictate that most assets acquired during a marriage are considered jointly owned by both spouses. This means that, generally, anything you and your spouse accumulated together—whether it’s income, savings, or property—is viewed as community property and is subject to division during a divorce. 

When it comes to the family home, this law plays a significant role in determining how the property is divided. However, there are exceptions. For instance, if one spouse owned the home before the marriage or received it as a gift or inheritance, it might be classified as separate property. Understanding these distinctions is critical in determining who will get the house or how its value will be divided between both parties.

Factors Considered in Determining Who Gets the House

When determining who gets the house in an Arizona divorce, several important factors come into play. The court’s primary goal is to ensure a fair and equitable distribution of assets, but this doesn’t always mean a 50/50 split. Here are some key factors that might influence the court’s decision:

  • Child Custody and Stability: If children are involved, the court often prioritizes their stability. This means the custodial parent might be favored to stay in the home, particularly if it provides continuity for the children’s schooling and daily routines.
  • Ability to Buy Out the Other Spouse: If one spouse wishes to keep the house, they must typically buy out the other spouse’s share. The court will consider whether this is financially feasible for the spouse who wants to remain in the home.
  • Prenuptial or Postnuptial Agreements: Any existing agreements made before or during the marriage may outline who gets the house in the event of a divorce, which can heavily influence the court’s decision.

Options for Dividing the Home

When it comes to dividing the home in a divorce, several options are available, each with its own pros and cons. Here are the most common approaches:

  • Selling the Home and Splitting the Proceeds: This is often the simplest option, especially if neither spouse can afford to maintain the home independently. The house is sold, and the profits are divided equitably.
  • One Spouse Buys Out the Other: If one spouse wishes to keep the home, they can buy out the other spouse’s share. This option requires the purchasing spouse to have enough financial resources to cover the buyout.
  • Co-Owning the Home Temporarily: Some couples choose to continue co-owning the home, often until a specific event occurs, such as children finishing school. This arrangement requires clear agreements on responsibilities and timelines.

How We Can Help

At Cohen Family Law, we understand that deciding who gets the house in a divorce is emotional and complex. Our team can guide you through every step, helping you make informed decisions that protect your interests and those of your family. Whether you want to keep the home or explore other options, we’ll work closely with you to achieve the best possible outcome.

Contact an Experienced Phoenix Divorce Attorney

Cohen Family Law is here to support you in making the best decision regarding your home during a divorce. Contact us today to schedule a consultation.