If a husband contests, can wife keep the house during the divorce?

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If a husband contests, can wife keep the house during the divorce?

Our house is in both our names and my husband is saying there is no way he will agree to allow me to keep the house. I have been a stay at home mom with 4 kids and have been the one to handle all household maintenance. I want to keep the house so I don’t have to move the kids. I will have enough finances available to pay the bills with plenty of time to find a job.

Asked on March 23, 2012 under Family Law, Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Divorce is a very stressful and hateful time for most.  In order to best determine what you are entitled to it would be best for you to seek help from an attorney in your area.  The general answer to your question is yes, a wife can be awarded the house in the divorce but there is a balancing act done with assets and all assets and facts specific to the matter need to be looked at at the same time.  Maybe the court will award you at least the right to reside with the children until they are a certain age.  Or allow you to buy out your spouse. There can be a lot of options. Please seek help.


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