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What happens to the house in a divorce?

In our last post we wrote about which assets will be included in what is divided in a divorce in the state of Kentucky. In that post we mentioned that for many people in that situation their house is the most expensive asset that needs to be considered. What will happen to the house varies depending on the specifics surrounding the divorce.

The first thing to look at is who bought the house. If it was purchased by one of the spouses with his or her separate funds, they will likely keep the house and under the law can make the other spouse leave. If the couple purchased the house together and do not have kids however, neither will likely have a claim over the other. In these situations one spouse may leave by choice but neither can be locked out. If necessary the court will distribute it as a part of the couple's marital assets.

When the couple has minor children things change. In those cases the marital home generally goes to the parent who is responsible for the majority of child-rearing-- for the children to be raised in.

In situations where domestic violence is an issue, the victim might have the spouse accused of the activity banned from the home by seeking a restraining order.

When someone is dealing with family law issues of this magnitude, it is a good idea to work with a lawyer who has experience with matters of this nature. Doing so could make a difference in the settlement secured.

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