Will I Get to Keep My House After My Divorce?

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Divorce is probably the most emotionally and financially tumultuous process you will have to endure. And if you and your spouse cannot agree on the terms of your divorce, you will have to undergo the contested divorce process. Here, your assets will be subject to equitable distribution during litigation. If you believe your ability to keep your house after your divorce is at risk, read on to learn how a seasoned Suffolk County marital property attorney at The Law Offices of Susan A. Kassel, P.C. can fight on your behalf.

Will equitable distribution allow me to keep my house after my divorce?

The New York courts follow equitable distribution when making property division decisions in divorce proceedings. Equitable distribution is a fair and just distribution of your marital assets, which may include your house. Notably, “fair and just” does not necessarily mean “equal.”

Essentially, marital property is composed of the assets you and your spouse acquired during your marriage, such as your home. So if you and your spouse bought your house together while you were married, it will be subject to equitable distribution and you have a chance of keeping it.

On the other hand, separate property is property acquired either before or outside of your marriage. This means that, if your spouse is the sole owner of the title, your house is not subject to equitable distribution, and thus, you might not be able to keep it. Other examples in which your house would be considered exempt property read as follows:

  • You or your spouse were given the house as a gift.
  • You or your spouse inherited the house.
  • Your house was excluded from the marital estate in your prenuptial agreement.

How will the courts determine who gets to keep the house after the divorce?

If your house is considered marital property and must undergo equitable distribution, the New York courts will reference the following factors when deciding who gets to keep the house:

  • The value of your property.
  • You and your spouse’s yearly income and earning capabilities.
  • You and your spouse’s debts and liabilities.
  • The standard of living established in your marriage.
  • The duration of your marriage.
  • You and your spouse’s age.
  • You and your spouse’s overall health.
  • Your child custody agreements.
  • Whether you and your spouse are financially independent.

Of note, the same considerations are made for any other marital property you and your spouse share. If you believe you are entitled to keep your house, do not hesitate in reaching out to a competent Suffolk County divorce & separation attorney 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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