As any divorce attorney will attest, one of the most hotly contested issues in any split is what will happen to the house. Which spouse, if either, will be able to stay in the home? Who determines if the house is to be sold? If the house is sold, how is the profit divided? These are questions divorce attorneys deal with every day, ones that weigh heavily on the minds of most divorcing spouses. Below are answers that will shed more light on this important subject.

What the Law Says

Ohio is an equitable distribution state when it comes to divorce. This means that assets are divided equitably between each spouse--but that’s not the same thing as an even, 50/50, right-down-the-middle split.

Several factors will be taken into consideration when a judge determines who retains the house, such as the length of the marriage, if there are minor children in the home, and other existing assets the couple shares. A judge might award one spouse the house but balance that out by awarding the other spouse a larger share of other assets; the exact details will vary from one marriage to the next.

Why a Spouse May Want to Keep the House

There are many reasons why you might want to hang onto the house. One of the most common is among spouses who have custody of young children; they often want to retain the house so as not to uproot the kids. Another reason might be a deep emotional or familial attachment to the house; perhaps it's been in the family for generations. Or, maybe the home is simply more convenient for one spouse—it’s closer to work, school, or friends. These are all valid reasons to try to stay in the home.

Available Options

It's important to understand that you do have options when it comes to this issue. If one spouse wants to stay in the home and the other spouse is supportive of this, the couple can negotiate a buyout between one another, in which the spouse who keeps the home purchases the other spouse's share. But if no decision can be reached on who keeps the house, a judge might simply award it to one spouse over the other; or, a judge might order the house to be sold and the profits divided. Your divorce attorney will help you explore all the available ways the matter could play out.

A home plays a central role in the life of a marriage, so it makes sense that it should be a focal point of many divorces. If you're facing the end of a marriage and need help navigating the complexities that lie ahead, trust the divorce attorneys of Lane, Felix & Raisbeck CO, LPA. Since 1982, they have been representing Hamilton County in a variety of legal issues, including family law, criminal defense, and personal injury cases. Call (513) 922-7700 or visit their website to arrange a consultation.