What happens to our house in divorce?

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When a couple gets divorced, their assets will be divided between the two spouses equitably (not equally.) One question that many couples who own a home together have is about what will happen to the house after the divorce and which spouse will get to walk away with it, if anyone does. There are a few different options about what will happen to the house they all depend on each couple’s particular situation.

The two biggest options when it comes to the house include selling the house and dividing the money from the sale or giving the home to one of the spouses. Usually, the spouses can come to this decision on their own. However, in some situations, the couple really can’t come to a decision and the judge will have to decide for them. The judge can grant the house to one spouse or decide for the couple that they will have to sell it. In order to make this decision, the judge will assess a number of factors including the custodial agreement that was reached if the couple had children, which spouse has a greater ability to financially afford the house, and whether the spouse who wants the house will be able to buy out the other spouse’s share.

If you have questions or concerns about entering divorce as a homeowner, it is important that you contact an experienced divorce attorney to discuss your situation today.

If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today. 

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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