A common question many divorcing couples have is who gets the house in a divorce? When it comes to dividing assets like a home, the process can feel uncertain and scary. A house isn’t like any other asset—it’s filled with memories, and might even be a place to which you or your children still feel connected. A house is a central part of a couple’s shared life, and deciding who keeps the house can be complex. This is why courts in Kansas City consider many factors to ensure a fair decision is made. But how do they make that call?
Factors a Court Will Consider When Determining Who Gets the House in a Divorce
When Kansas City courts assess who gets the house in a divorce, they look at a range of financial, logistical, and family-centered factors. It’s a process that’s meant to help ensure a fair decision is made. Below are some factors Kansas City courts will consider when deciding who gets the house in a divorce.
Financial Contributions
Financial contributions play a significant role in determining who gets the house in a divorce. This doesn’t necessarily mean who paid the mortgage. Courts also consider any down payment contributions, home improvements, and maintenance costs that each spouse might have contributed to. Additionally, Kansas City courts will consider non-financial contributions made. For instance, if one spouse spent considerable time and effort maintaining or upgrading the property—think remodeling, landscaping, or even organizing repairs—those efforts may weigh in the court’s decision.
While financial contributions are more straightforward, Kansas City courts also value non-financial roles. For example, if one spouse managed the household or provided primary caregiving, while the other focused on earning an income, then the court might recognize the non-financial efforts as essential contributions to the household. Considering both financial and non-financial contributions made to the house helps balance financial and practical inputs in the court’s decision-making process.
Child Custody Arrangements
Child custody arrangements often play a central role in deciding who stays in the family home. If one parent will have residential custody, courts may lean toward awarding the home to that parent in order to maintain stability for the children. Divorce is already a major life change, so allowing children to stay in their familiar environment can provide a crucial sense of continuity. When child custody is involved in the divorce process, the best interests of the child will be at the forefront of any decisions made. The courts recognize that kids benefit from routine, and if staying in the home supports their emotional and social stability, it could influence the final decision on who gets the house in a divorce.
The Ability to Maintain a House
Another important factor that courts consider is each spouse’s ability to maintain the house post-divorce. Beyond just affording the mortgage, owning a home includes upkeep, taxes, insurance, and utility bills. If one spouse can realistically cover these costs while the other may struggle, the court may weigh this heavily in their choice. They want to ensure that the property remains well-maintained and financially feasible for the person who keeps it.
Think of it this way: if one spouse has the financial means to handle these responsibilities without added stress, they’re more likely to receive the house. On the other hand, if maintaining the property would place undue financial pressure on one party, the court might look at alternatives, such as selling the home and splitting the profits.
Prenuptial and Postnuptial Agreements
In cases where prenuptial or postnuptial agreements are in place, the court will carefully review these documents to understand each spouse’s legal rights concerning the house. These agreements can outline specific terms for asset division, including who gets the house in a divorce, or if it should be sold for the profits to be divided equally.
Equitable Distribution Laws
Both Kansas and Missouri are equitable distribution states. These laws govern how marital property, including the family home, is divided in a divorce. Rather than splitting assets evenly, courts aim for a fair distribution based on various factors listed above. Ultimately, equitable distribution in Kansas seeks a fair—but not necessarily equal—division that reflects each spouse’s role and needs.
Additional Factors Kansas City Courts Will Consider
When trying to determine who gets the house in a divorce in Kansas City, courts will consider all the factors listed above as well as the following:
- The age of the parties
- The duration of the marriage;
- Property owned by the parties
- Each party’s present and future earning capacities
- When the home was acquired
- Family ties and obligations
- Any allowance of maintenance or lack thereof
- Dissipation of assets
- Any tax consequences of the property division upon the respective economic circumstances of the parties
The courts aim to make a fair decision and award the house to the person that will also be able to maintain the upkeep and responsibilities that come along with home ownership.
Working With Experienced Kansas City Divorce Attorneys
Navigating divorce and asset division in Kansas City is complex, especially when it involves significant assets like a home. This is why it’s so important to work with an experienced Kansas City divorce attorney who can guide you through the process. The divorce attorneys at Kansas Legal Group can help you understand your rights, represent your best interests, and ensure that your case is presented effectively in court.
With the guidance of our skilled attorneys, you’ll be better prepared for negotiations, understand all possible outcomes, and know that you’re making the best choices for your future. Don’t go through this challenging process alone—let Kansas Legal Group stand by your side to ensure a fair and just resolution. If you’re wondering how you can keep your house during the divorce process, contact us today to speak with our team of legal experts!