Who keeps the house in a divorce in Missouri?

Divorce is rarely simple, and one of the hardest aspects is deciding who gets to keep the home. In Missouri, property division follows equitable distribution principles, meaning assets are divided fairly, but not necessarily equally. If you are facing a divorce and are unsure about what will happen to your home, this guide will walk you through the factors that can influence the final decision.

Equitable Distribution

In some states, community property laws divide assets 50/50. In Missouri, the court follows the principle of equitable distribution. This means that the court will divide the property in a way that is fair. It may not be equal, but it will be based on the specific circumstances of the case. Not always is it equal and these factors could be because of:

• The economic circumstances of each spouse
  
• The contribution of each spouse to acquiring the home
  
• The value of any non-marital property
  
• The conduct of the parties during the marriage
  
• Custody arrangements

Marital vs. Non-Marital

Before deciding, the court must determine if the property is marital or separate. Marital property includes assets acquired during the marriage, regardless of whose name is on the paperwork. Separate property is anything that was acquired or gifted before the marriage. When couples go through the division of assets in a divorce, understanding the difference between marital and separate property is crucial. Additionally, assets obtained after filing for divorce or following a legally recognized separation date may also be classified as separate under state law.

Key Factors the Court Considers

One of the most important factors the court considers is the financial contributions made during the marriage. Usually, the spouse who contributed more to the home has a stronger chance of being awarded it. This can include mortgage payments, taxes, or the down payment. The court also considers which spouse has the financial ability to maintain the house. The spouse who can afford to keep the home may have an advantage.

Child custody can also play a big role. If children are involved, the court may favor the spouse who has primary custody. Keeping children in a stable home is often a priority.

Fault claims can also impact the outcome. If the divorce is fault-based, the court may favor the spouse who is not at fault.

Lastly, if neither spouse can reasonably afford to keep the home, the court may order that it be sold.

In the end, the spouse with the stronger claim will have a better chance of keeping the house.

Practical Considerations

Even if the court awards the home to one spouse, there are important practical steps to consider:

• Mortgage Responsibility: If both spouses are on the mortgage, the spouse keeping the home will usually need to refinance in their name only. This removes the other spouse’s legal obligation for the debt.
  
• Title Transfer: A quitclaim deed may be needed to officially transfer ownership from both spouses to one.
  
• Affordability: The spouse who wants to keep the house must be able to afford the mortgage, property taxes, maintenance, and other ongoing expenses on their own.

Can Spouses Negotiate Who Gets the House?

Couples going through a divorce are not required to have the court make this decision for them. An alternative option is to reach an agreement through a property settlement. This agreement will determine:

• Who takes the home
• If the home will be sold
• How the proceeds will be divided

Final Thoughts

Who gets the house in a Missouri divorce comes down to financial circumstances, child custody, fault-based claims, and legal negotiations. These decisions can affect a person’s financial future, so seeking legal guidance is an important step in making the process go smoothly.

If you’re facing divorce and wondering what will happen to your home, contact Columbia Family Law Group today. We’re here to help you navigate the process with clarity, compassion, and strategic guidance.