Divorce is never an easy process, especially when it comes to determining what happens to a family home. For many couples, their marital residence is more than just a valuable asset; it is also a place filled with precious memories and emotional significance. 

In Missouri, the division of a family home during a divorce is determined by several legal factors, including whether the property in question is considered marital or non-marital, the contributions made by each spouse, and the court’s goal of ensuring an equitable distribution.

Marital vs. Non-Marital Property in Missouri

Missouri follows an equitable distribution model when it comes to dividing marital property, which means that it is divided fairly – but not necessarily equally – between spouses. To determine what happens to a family home, it is first necessary to determine whether it is considered marital or non-marital property.

Under Missouri Revised Statutes § 452.330, marital property includes all assets acquired by either spouse during the marriage, regardless of whose name appears on the title document. This typically includes the family home if it was acquired during the marriage.

However, if one spouse owned the home prior to marriage, inherited it, or received it as a gift from a third party, it may be considered non-marital property – unless it is later mixed with marital assets (for example, both spouses pay the mortgage or make significant improvements using marital funds).

How Courts Decide Who Gets the House

If the home is considered marital property in Missouri, courts take into account several factors when deciding how to divide it, including:

• The economic circumstances of both spouses
• Contributions made by each spouse to acquiring and maintaining the property
• The value of non-marital assets assigned to each spouse 
• Custody arrangements for any minor children

For example, if a parent has been granted primary custody of the children, the court may allow them to stay in the family home in order to provide stability for the children – often until the youngest child reaches adulthood or graduates from high school. This arrangement is known as “deferred sales”.

In other cases, the court may order the sale of a home, with the proceeds divided equitably between the parties. Alternatively, one spouse may buy the other’s share of property, often by refinancing the mortgage and compensating the other spouse with cash or other assets of equal value.

Can You Keep the House Without Going to Court?

Yes, many divorcing couples in Missouri prefer to negotiate the division of their family home outside of court, through mediation or collaborative divorce. At Columbia Family Law Group, LLC, we strive to encourage amicable solutions wherever possible. Our experienced mediators help clients reach mutually beneficial agreements, avoiding costly and emotionally draining litigation.

If you and your spouse agree on who will keep the house or how to divide equity, you can include these terms in a marital settlement agreement. The court typically approves this agreement as part of the final divorce decree.

Protecting Your Rights and Interests

Whether you hope to retain your family home or seek fair compensation for your share of the property, it’s crucial to work with an experienced attorney. Real estate transactions involve complex financial and legal issues, such as:

• Accurate valuation of the property
• Understanding mortgage obligations and refinancing options
• Considering tax implications
• Ensuring proper title transfer procedures

Attempting to deal with these issues without legal advice can lead to expensive mistakes or unexpected consequences.

Why Choose Columbia Family Law Group, LLC?

With decades of experience in Missouri family law, we have the expertise to handle even the most complicated property division cases. We prioritize open communication, affordable services, and personalized strategies that are tailored to your specific needs.

Don’t face the uncertainty of divorce alone. If you’re wondering what will happen to your family home or any other aspect of your separation, reach out to experienced attorneys at Columbia Family Law Group, LLC. Call us today at 573-303-5530 for a confidential consultation. Let us help you navigate this difficult time with confidence and compassion.