Who Will Get The House in a Divorce?

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Divorce is perhaps the most emotionally and financially tumultuous process a couple can endure. Unfortunately, while you may want to use the days and months ahead to regroup and just focus on you, you must first take care of business. When you and your spouse cannot agree on the terms of your divorce, you are in what is known as a contested divorce. Contested divorces enter the litigation process, which then subjects their assets to equitable distribution. If you are getting a divorce and believe your hard-earned assets may be at risk, please do not hesitate to read on and learn more about your legal options going forward:

What is equitable distribution?

Equitable distribution, in a legal sense, is what the courts determine to be a fair and just distribution of your assets. However, it is no surprise that most spouses feel cheated at the end of the litigation process. Generally, both spouses will feel as though they are entitled to or deserve more than they receive, especially if one spouse is forced to leave the house.

How is marital and separate property different?

Essentially, marital property is composed of the assets you and your spouse acquired during your marriage, such as your home. Separate property, rather obviously, is property acquired either before or outside of your marriage. Generally, only marital property is subjected to equitable distribution.

How will the courts determine who gets the house?

Losing your home is far more than losing a standard financial asset. It’s losing the place where perhaps you raised your kids, made memories, and customized and renovated to your liking. This is why if you beleive you may lose your home, you must hire an experienced attorney who will do everything in his or her power to defend your rights. Some of the factors the court will consider when divvying assets are as follows:

  • The value of your property
  • You and your spouse’s yearly income and earning capabilities
  • Your debts and liabilities
  • Your marital standard of living
  • Whether you or your spouse need a trust to help pay for your child’s medical or educational costs
  • The duration of your marriage
  • You and your spouse’s age
  • You and your spouse’s overall health
  • Child custody agreements
  • Whether you and your spouse are financially independent

If you believe your assets are on the line, do not hesitate to reach out to our compassionate, knowledgeable firm.

Contact our experienced New York firm

Matters of divorce and family law should be navigated with the guidance of an experienced attorney. 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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