Divorce often creates many areas of uncertainty for divorcing spouses, far beyond the instability of the dissolving relationship itself. Especially for couples who are both new to divorce, understanding the process and what to expect from it may seem overwhelming to one or both spouses, which can create unnecessary conflict and drag out a divorce. A common issue that can complicate and lengthen divorce is determining which spouse keeps a marital home.
There are no hard-and-fast rules about which spouse keeps a marital home in a divorce, but there are some practical ways to determine which spouse may need it more and may have the means to maintain it, of whether it is best to keep the home at all. For instance, if a divorcing couple has children, the court is primarily concerned with the wellbeing and best interests of the child. In these cases, it is very likely that the parent who retains primary custody will also receive the home in the divorce.
In the absence of children, there is more room for negotiation. Kentucky allows couples to reach equitable property division agreements that are not necessarily equal. This means that one spouse may receive substantially more in the divorce than the other, which often includes the marital home.
Determining how to fairly divide marital property is often much more complex than it seems at first. If you face divorce and hope to navigate it fairly and effectively, take great care to use high-quality legal resources to protect your rights and ensure that you achieve the divorce you need on the way to a new season of life.