Who Gets the House in a Divorce?

You’ve spent years building a life in your home—memories of birthdays, late-night talks, and quiet Sunday mornings. But now, as you face divorce, you’re left wondering: Who gets to keep it? What happens next?

At Lacy Law Office, we know that dividing assets—especially your home—can be one of the hardest parts of a divorce. Indiana follows equitable distribution laws, meaning property is divided fairly, not necessarily equally. Let’s break down what that means for you.

Understanding Indiana’s Divorce Laws

Indiana law assumes that dividing property 50/50 is the fairest way to split assets in a divorce. However, that’s just the starting point. The court can adjust this division based on what’s fair for both spouses. Marital property includes almost everything acquired before and during the marriage, regardless of whose name is on the title. That means even if the house is in one spouse’s name, it could still be divided.

The court considers several factors when deciding how to split property:

• Contributions to the marriage (both financial and non-financial, like childcare and home maintenance).
• Each spouse’s income and earning potential after the divorce.
• Whether the home was owned before marriage or inherited.
• Financial conduct, such as if one spouse wasted marital assets.
• Custody of children, since the court may want to provide stability for them.

Who Is More Likely to Keep the House?

There is no automatic rule for who gets the house, but certain factors make it more likely that one spouse will keep it.

1. The Parent with Primary Custody: If you have children and are awarded primary custody, the court may favor letting you stay in the home to maintain stability for them.

2. The Spouse Who Contributed More Financially: If you were the one who paid the mortgage or funded major renovations, you may have a stronger claim. However, courts also recognize non-financial contributions, like raising children or managing the household.

3. The Spouse Who Can Afford It: The court will assess whether one spouse can realistically afford to keep the home. Mortgage payments, property taxes, and maintenance all factor into this decision. If neither spouse can afford it alone, the home may need to be sold and the profits divided.

4. The Buyout Option: One spouse may have the option to buy out the other’s share by refinancing the mortgage or trading other assets in the divorce settlement.

Why You Need an Indianapolis, IN Divorce Attorney

Property division in Indiana is complicated, and assuming you’ll keep the house—or that you have to give it up—can be a costly mistake. At Lacy Law Office, we help Indianapolis residents:

• Fight for a fair division of assets based on their contributions.
• Explore options like buyouts, refinancing, or selling to maximize their financial future.
• Negotiate with their spouse to avoid unnecessary court battles.
• Ensure their rights are protected if their case goes before a judge.

Protect Your Future—Contact Lacy Law Office Today

Divorce is tough, but you don’t have to face it alone. If you’re going through a divorce in Indianapolis and need help determining who gets the house, call Lacy Law Office today. We’ll help you fight for what’s fair and find the best path forward. Schedule a consultation now.