How is real estate divided up in a divorce?

UPDATED: Jul 26, 2011

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How is real estate divided up in a divorce?

I’ve been married 7 years to a man who has barely contributed to the bills. I had a house 11 years prior to us marrying. It is still in my pre-married name. I have paid all bills on that house. I recently got some back pay from my retirement and put a down payment on another house, intending to sell the 1st one. We have been separated since shortly after closing on the new house. He is living in the other house which I still intend to sell. Divorce talk has come up and he thinks he is entitled to keep the old house. He thinks he is going to take it from me. Can he do that? Should I speak with a divorce attoreny? In Jefferson County, KY.

Asked on July 26, 2011 Kentucky


L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Thank you for submitting your question.  Property distribution in divorce proceedings varies from state to state.  In Ketucky, where you reside, property is divided in the fashion of "equitable distribution."  This does not mean that property will be divided equally, but rather it will divided by what is considered a fair distribution.  Additionally, the court will disburse marital property without taking into consideration any marital misconduct.  This means that even if a spouse were to cheat twenty times with twenty different people, it would not effect the manner in which the court disburses property.  Furthermore, the court considers several factors in determining how to divide marital property, such as (1) how much each spouse contributed to acquiring the property, this would include house work and raising children, (2) the length of the marriage, (3) the economic status of each spouse at the time that the disbursement of assets would become effective, and (4) the value of the property to be given to each spouse. 

This distribution does not include any type of spousal support.  This type of support is not mandated in every case, and will be determined upon the circumstances of each and every case. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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