Who typically gets the house in a divorce?
In most divorces, the marital home is a couple’s biggest asset. It’s also the center of family life and often serves as an anchor for families with minor children. If a judge determines that the marital home is one spouse’s separate property, the solution is simple: the spouse who owns it, gets it.
Does the wife get to keep the house in a divorce?
If that spouse takes specific steps to keep the house as a separate asset during the marriage, then he or she will get to keep the house in a divorce. If a spouse moves in and starts making contributions to paying the mortgage and the upkeep of the home, then the house can become a marital asset.
Can you divorce and live in the same house?
If you are both living at the same address at the date of your divorce hearing or intend to keep living in the same home, the court might not grant your divorce application. The court cannot grant a Divorce Order if there is a reasonable likelihood that your relationship will resume.