A divorce can bring a wave of difficult questions, and one of the most stressful issues for many couples is what happens to the marital home. The house is often more than just property. It carries emotional weight, financial significance, and a sense of stability that people naturally want to preserve. Because of this, disputes over who keeps the home can become complicated quickly, and the outcome depends on a range of factors. Continue reading and reach out to the Buffalo divorce lawyers here at Raimondo & Sundquist LLP to learn more about how courts in NYS decide who gets to keep the house in a divorce. Here are some of the questions you may have:

How does New York classify the marital home?

Before a court decides who will keep the house, it must determine whether the home is marital property. New York follows the concept of equitable distribution, which means assets are divided fairly, not necessarily equally. The classification of the house plays a major role in that analysis. Some of the most important factors courts consider when deciding whether the home should be treated as marital property are as follows:

  • Whether the home was purchased during the marriage
  • Whether both spouses contributed financially or through nonfinancial efforts
  • Whether the title is held jointly or individually
  • Whether separate funds were used for the down payment or major improvements

If the house is classified as marital property, the court will then evaluate how to divide it fairly. Even if only one spouse’s name is on the deed, the home can still be marital property if it was acquired while the parties were married.

What factors influence who gets to keep the house in a divorce?

Once the classification is clear, the court examines a long list of factors to determine who should be awarded the home. Some of the details the court may consider are as follows:

  • The financial situation of each spouse, including income and earning potential
  • Each spouse’s ability to afford mortgage payments, taxes, and upkeep
  • The best interests of any minor children and whether remaining in the home provides needed stability
  • Each spouse’s contributions to the marriage, including child care and household responsibilities
  • The length of the marriage and the standard of living established during it
  • Any separate property contributions used to purchase or improve the home
  • The overall distribution of other marital assets and debts

Why do judges prioritize stability for children?

When a divorcing couple has children, one of the most influential factors is how the home impacts their well-being. Courts often try to maintain stability for minors whenever possible, especially during a time of transition. This does not mean one parent automatically receives the home, but it does mean that the child’s routing, school district, and emotional needs become part of the analysis. Judges will likely consider the following:

  • Whether staying in the home helps minimize disruption to the child’s life
  • Whether one parent has been the primary caregiver
  • Whether the home offers proximity to school, extended family, and community support

Determining who will get to keep the house in a divorce is never a simple formula. Courts consider a variety of factors, which is why you should always have an experienced attorney in your corner who can effectively advocate for your interests, every step of the way. Contact Raimondo & Sundquist LLP today.