What Are My Rights Regarding the Family Home in a Divorce?

Deciding the fate of the family home during a divorce can be a deeply emotional and financially challenging process. Understanding your rights is crucial to ensuring a fair outcome.

Your key rights regarding the family home under Minnesota law include:

• Right to Equitable Distribution  
• Temporary Possession During Proceedings  
• Consideration of Children’s Best Interests  
• Option for Buyout or Selling

At Atticus Family Law, we are committed to safeguarding your rights and achieving fair, just outcomes for you and your loved ones. Our skilled attorneys are here to support and guide you through every stage of the process with care.

Right to Equitable Distribution

Minnesota law requires a “just and equitable” division of marital property, which includes the family home. However, “equitable” doesn’t always mean equal. Courts consider various factors to determine the fairest distribution, such as:

• The length of the marriage  
• Each spouse’s contributions to the home, including financial and non-financial efforts like maintenance or homemaking  
• The economic circumstances of each spouse, including earning potential and financial obligations  

For instance, imagine a couple where one spouse was the primary breadwinner, while the other devoted years to raising the children and maintaining the household. The court may determine that both contributions warrant equal consideration, ensuring a fair—not necessarily 50/50—division.

Temporary Possession During Proceedings

During the divorce process, one spouse may be granted temporary possession of the home. This can be critical for practical reasons, such as ensuring a stable environment for children or preventing unnecessary disruption. Temporary possession does not imply permanent ownership but rather serves as a short-term measure until the court finalizes asset division.

For example, if one parent has primary custody during the proceedings, they may be granted temporary possession to minimize disruptions for the children. This arrangement ensures continuity in their schooling, daily life, and overall sense of security.

Consideration of Children’s Best Interests

Courts prioritize the best interests of any children involved when determining what happens to the family home. If staying in the home would benefit the children—whether for stability, proximity to schools, or maintaining community ties—the court may favor awarding it to the custodial parent.

However, keeping the home isn’t always feasible. If maintaining the property would place undue financial strain on one or both parents, selling the home might be the better option. The court aims to balance practicality with the children’s needs.

Option for Buyout or Selling

Once the court concludes who retains the property, you have options for resolving ownership:

• Buyout: One spouse may choose to buy out the other’s share, allowing them to remain in the home. A buyout is common when the custodial parent wishes to ensure stability for the children.  
• If neither party can afford to keep the home, the standard approach is to sell the property and divide the proceeds fairly.
• Sale and Profit Division: This ensures both spouses can start anew financially.  

For example, a couple might jointly decide to sell the home and split the equity, using the funds to downsize into separate residences that better suit their post-divorce budgets.

Practical Tips

Dividing the family home often brings emotional and logistical challenges. To effectively manage this process:

• Seek Legal Guidance: A family law attorney can help protect your rights and guide you through asset division.  
• Prepare Financially: Gather details about the home’s mortgage and equity to understand its value.  
• Maintain Open Communication: If possible, collaborate with your spouse to reach practical agreements and avoid drawn-out disputes.  

At Atticus Family Law, we understand that your family home carries more than just financial value; it’s where memories are made. Our team is here to guide you, ensuring your rights and future are protected during this transition. Get in touch with us today to schedule a consultation.