Who Gets the Family Home in a Kansas Divorce?

Kansas law generally applies principles of equitable distribution to marital assets. A home may be one of many marital assets that are subject to division. While the value of the asset is certainly important to you, an even more crucial consideration may be who gets to remain in the family home. In some cases, you and your spouse may not be able to reach an agreement on who is able to stay, meaning that the court must get involved.

What Happens if You Cannot Agree on Who Moves?

Both of you remaining in the marital home while the divorce is pending is usually not a feasible option. Sometimes, you and your spouse may be able to agree on who will remain in the home and which spouse will move elsewhere. In many cases, if there are children involved, the primary consideration would be stability for the children. If there is ever any dispute about which spouse would get to remain in the home, the court would usually want to ensure that the children have as much consistency as possible. Accordingly, the parent who would be with the children for the bulk of the time would be the one who stays in the home. If there are no children involved, determining whether you are the one who remains in the home could be a more difficult equation if both of you want to stay.

You Always Maintain Your Financial Interest in the Home

If you are the one who has to move out, it would not erase your financial interest in the marital home. If your spouse keeps the home, they would need to pay you for your ownership share in the property. In many cases, spouses would trade assets, and you may be entitled to a larger share of other marital assets, such as a bank or brokerage account. You would not come away empty-handed, even if you were the one who had to move. The same thing goes if you are the one who stays in the marital home. You would need to compensate your spouse for their ownership interest.

There are times when each of you may want a fresh start, or you both may decide that you are better off moving elsewhere. Divorce can afford you that opportunity. When that happens, you and your spouse would sell the home, and the proceeds would be divided in accordance with principles of equitable distribution. There is a presumption that you would equally share in the proceeds under Kansas law.

There are many things that you need to consider when you are deciding whether to keep the house. You may very well decide that it is worth the financial sacrifice to stay where you are, even if it means that you need to buy out your spouse. However, you may also want to consider your own financial circumstances and whether you can truly afford it. As far as you are concerned, the answer would be ultimately what works best for you. Divorce does not have to mean that your life is entirely uprooted, although you need to also be concerned about your financial future. This decision is one that you would have to make, although a family law attorney is here to advise you about both the practical and legal ramifications, and they would work to protect your interests.

Contact a Kansas Divorce Attorney Today

To learn more about the legal considerations regarding your family home, and other issues that relate to your divorce, reach out to a Kansas divorce lawyer at The Colgan Law Firm LLC. You can schedule an initial consultation with one of our attorneys by calling us today at (913) 721-9999.