Who Gets the House in a Divorce in Missouri?

Divorce is a challenging process, and one of the most contentious issues is often the division of property. This is especially true for the family home. In Missouri, the division of property in a divorce follows the principle of equitable distribution, which means that the court will divide marital property in a way that is fair, though not necessarily equal, to both spouses.

At Columbia Family Law Group, LLC, our team knows how important your home is to you. It is an important asset that deserves protection and accurate valuation in your divorce. Schedule a consultation so that we can help.

Marital vs. Non-Marital Property in Missouri Divorces

Before the court can decide who gets the house, it must first determine what property is subject to distribution. Property acquired during the marriage is considered marital property and is subject to division. This includes the family home, regardless of whose name is on the deed. There are exceptions to this general rule, but most property acquired during your marriage is marital property.

On the other hand, non-marital property—property acquired before the marriage, through inheritance, or as a gift—is not subject to division and remains with the spouse who owns it. However, exceptions exist here as well. Significant investments into the marital home by the non-inheriting spouse could turn otherwise non-marital property into marital property.

Who Gets the House? Factors Considered by the Court

When deciding who gets the house, the court considers several factors to ensure a fair distribution:

• Custodial Parent: If one spouse is the primary custodian of the children, the court may award the house to that spouse to provide stability for the children.
• Financial Situation: The court will assess each spouse’s financial situation, including their ability to maintain the home and pay for its upkeep.
• Contribution to the Home: The court considers each spouse’s contribution to the acquisition and maintenance of the home.
• Health and Age: The physical and emotional health, as well as the age of each spouse, can influence the court’s decision.
• Other Marital Property: The division of other marital property and debts can also impact the decision regarding the house.
• Marital vs Non-Marital Determination: If the house is non-marital property, it will likely be allocated to the spouse who owned it prior to the marriage—subject to several exceptions.

Options for Dividing the House in a Missouri Divorce

There are typically three main options for dividing the house in a Missouri divorce:

• One Spouse Keeps the House: The spouse who wants to keep the house may do so, but they must buy out the other spouse’s share of the equity.
• Sell the House: If neither spouse wants to keep the house or if neither can afford to buy out the other, the court may order the house to be sold, and the proceeds divided between the spouses.
• Other Arrangements: In some cases, the court may consider other arrangements, such as allowing one spouse to stay in the house temporarily while the children are young.

Legal Advice and Mediation

Given the complexities involved in property division, it is advisable to seek legal advice from an experienced family law attorney. An attorney can help you understand your rights, negotiate a fair settlement, and represent your interests in court if necessary. 

Mediation is another option that can help couples reach an amicable agreement without going to court. This process is also best done with the help of an attorney to negotiate a fair settlement of any disputes.

Protect Your Marital Home in the Divorce

A knowledgeable Missouri divorce lawyer knows how important your home is to you. We help you navigate the complex divorce process when dealing with this important asset.
Our team at Columbia Family Law Group, LLC is ready to help. Contact us today for a consultation of your case.