Who Gets the House in a Divorce in North Carolina?
Who Gets the House in a Divorce in North Carolina?
For many couples going through a divorce, one of the biggest and most emotionally charged questions is: Who gets the house?
A home often is more than just a piece of property. It can be the place where you’ve built memories, raised your children, and shared a life. It can also be your biggest financial asset, which makes the decision about who gets the house in a divorce even more difficult.
We understand the uncertainty and emotional strain you may be going through. Our goal is to guide you with compassion while protecting your rights and helping you make the best possible choices for your future. Below, we’ll go through how North Carolina law handles decisions about the marital home and what options may be available to you.
If you wish to speak to one of our North Carolina family law attorneys, please don’t hesitate to call (704) 376-3000 or fill out our online contact form to request a free consultation.
Can You and Your Spouse Decide Who Gets the House?
The simplest and often least stressful way to decide who keeps the house is for you and your spouse to reach an agreement outside of court. In many cases, couples are able to work out arrangements through negotiation or mediation. If the parties can come to an agreement outside of court, the terms of the property division agreement are put into a separation agreement.
RELATED: Separation Agreements in North Carolina: What You Need to Know
If you and your spouse can agree on what happens to the home, you can avoid leaving this very personal decision up to a judge. For example:
- You may decide to sell the home and split the proceeds
- One spouse may want to remain in the house and buy out the other spouse’s share
- You may agree to temporarily keep the home jointly for an agreed upon reason, such as so your children can stay in the family home until a certain date
Reaching an agreement can save time, reduce legal expenses, and help you feel more in control of the outcome.
But sometimes an agreement just isn’t possible. If that happens, the decision about who gets the house in a divorce will be left to the court.
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SCHEDULE YOUR CONSULTATIONWhen the Court Decides: Equitable Distribution
North Carolina uses a system called equitable distribution to divide marital property during a divorce. “Equitable” doesn’t necessarily mean “equal,” though. Instead, it means “fair.”
The court looks at all the marital property—which usually includes the family home—and decides how to divide it between spouses. The starting point is often a 50/50 split, but the judge has the authority to adjust that division if one spouse can show that an equal split wouldn’t be fair under the circumstances.
Some of the factors the court may consider include:
- The income, property, and debts of each spouse
- The duration of the marriage
- Each spouse’s contributions to acquiring and maintaining the marital property
- Contributions as a homemaker or caretaker
- The needs of a spouse who has primary custody of the children
- Any support one spouse provided for the other’s education or career
These factors help the court determine whether one spouse should keep the home, whether it should be sold, or whether other arrangements would be fairer.
Separate vs. Marital Property
It’s important to understand that not all property is considered “marital property.” In general:
Marital property includes assets acquired during the marriage, regardless of whose name is on the title or deed
Separate property usually refers to assets you owned before the marriage, or those you received individually during the marriage as a gift or inheritance
If the home was purchased during the marriage, it’s likely marital property. But if one spouse owned the home before the marriage and the other spouse moved in later, the situation may be more complex. In that case, the court may treat part of the home’s value as separate property and part as marital property, depending on how it was used and maintained.
RELATED: How Does Separate Property Become Marital Property?
Does Fault Matter in Deciding Who Gets the House?
Divorce is often painful, and sometimes it happens because one spouse engaged in misconduct like infidelity. Understandably, you may feel that it’s unfair for your spouse to “benefit” from bad behavior.
However, North Carolina law does not take fault into account when dividing property. That means issues like cheating or abandonment won’t affect who gets the house. The court focuses on financial and practical considerations rather than fault.
That said, misconduct can play a role in spousal support (alimony), which is separate from property division. If you have questions about whether misconduct could impact your divorce case, it’s important to talk to an experienced family law attorney.
What Are the Options for Dividing the House under North Carolina Law?
When it comes to dividing the marital home, there are several possible outcomes:
Selling the Home and Splitting the Proceeds
This is often the simplest solution, especially if neither spouse can afford the mortgage or upkeep alone. While selling can be emotionally difficult, it allows both spouses to move forward with a clean break.
One Spouse Keeps the Home
If one spouse wants to remain in the home, they can do so by giving the other spouse an equivalent value in other assets or by arranging a buyout. For example, one spouse may keep the home while the other takes a larger share of retirement accounts or savings.
Distributive Award
In some cases, one spouse may not be able to provide the full value of the house upfront. Instead, the court can order a distributive award, which allows one spouse to pay the other over a period of time to keep the home.
Temporary Joint Ownership
As noted earlier, sometimes spouses will agree to keep the home jointly for a period, such as until the children graduate from high school. This arrangement requires careful planning and cooperation but can provide stability for children during a difficult transition.
RELATED: 6 Things You Need to Know About Divorce in North Carolina
How Myers Law Firm Can Help
At Myers Law Firm, we know that divorce is more than just a legal process. It can also be a deeply personal and emotional process for everyone involved. Deciding what happens to your home can feel overwhelming, and it’s normal to feel anxious about whether you’ll be able to keep the house where you and your family have built a life together.
With more than 60 years of combined experience, our North Carolina family law attorneys have guided numerous clients through the process of dividing property in divorce. We understand both the emotional weight and the financial realities of these decisions. Our approach is to:
- Listen to your concerns and goals with compassion
- Provide clear explanations of your rights under North Carolina law
- Explore all available options to protect your financial stability and your family’s well-being
- Advocate for you through negotiation, mediation, or litigation so your voice is heard and your interests are protected.
If you’re facing divorce in North Carolina and worried about who will get the house, you don’t have to go through this alone. The process can be complicated, but having experienced, caring legal guidance can make all the difference.
Contact Myers Law Firm today to learn more about your options and how we can stand by your side during this transition. Call our Charlotte office at (704) 376-3000 or fill out our online contact form to request a free consultation.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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