During a divorce, there is often quite a bit of controversy over who gets to keep the house. The family house is sometimes the most valuable asset in a divorce. In addition to the purely financial aspects of the home, leaving or selling the family residence can by very emotional, especially when children are involved.
There are several things that the court usually takes into consideration when determining who will receive ownership of real property. However, if the couple can come to an agreement between themselves about the house, in the vast majority of cases the judge will allow the agreement to stand. It is important to note that sometimes factors not addressed here will be determinative. As every situation is different, it is best to consult a knowledgeable divorce attorney to help you understand how the laws will apply in your specific situation.