Who Stays, Who Goes & Who Gets the House in an Ohio Divorce?

Deciding who keeps the family home can feel central to an already challenging process when a marriage ends. Beyond the emotional weight, the financial stakes are high. Whether you want to stay in your home, sell it, or negotiate an equitable division, understanding your rights and options is crucial.

Moving Out When Marriages Ends: Ohio Property Division Laws

Ohio equitable distribution laws aim to divide marital property fairly, but fairness doesn’t always mean a 50/50 split. The court evaluates several factors to ensure that the property division, including the family home, reflects each spouse’s unique situation and contributions.

Marital vs. Separate Property: Whose House Is It?

Property acquired during the marriage, including the family home, are typically considered marital assets. For example, a house purchased after the wedding using joint income would likely fall under this category. Even if only one spouse’s name is on the title, the home is still subject to division if marital funds were used to pay the mortgage or make significant improvements.

Assets owned before the marriage, inherited, or received as gifts are generally excluded from division. For instance, if one spouse inherited a home before the marriage and maintained sole ownership without mixing marital funds, it may remain separate property. However, if the other spouse contributed to mortgage payments, renovations, or upkeep during the marriage, the home could become partially marital property.

How to Decide Who Gets the House

Ohio courts consider a wide range of factors when deciding who retains the marital home as part of a divorce. While no single factor is determinative, these considerations help the court make decisions:

• The Duration of the Marriage: Longer marriages often lead to more intertwined finances, making separating marital and individual contributions harder. For instance, in a short-term marriage, a spouse who purchased the home before the wedding might have a stronger claim to it.
• Each Spouse’s Financial Situation & Ability to Maintain the Home: The court examines each spouse’s income, debts, and future earning potential. If one spouse cannot afford mortgage payments, taxes, or upkeep, they may not be awarded the home, even if they have an emotional attachment.
• Custodial Arrangements for Children: If children are involved, courts often prioritize stability. A custodial parent may be more likely to keep the home to avoid disrupting the children’s school, community, and living arrangements.
• Contributions to the Home: Contributions aren’t limited to financial payments. If one spouse made substantial non-financial contributions, like managing renovations or maintaining the property, the court may factor that into the decision. For example, a spouse who spent years managing the home’s upkeep might have a stronger claim even if they didn’t contribute as much financially.
• Tax Consequences: Selling the home and dividing the proceeds might create tax implications that impact one spouse more. For example, capital gains taxes or selling costs could disproportionately affect the spouse with a lower income, influencing how the court divides the asset.
• Emotional and Practical Factors: While courts focus on financial fairness, they may also consider intangible factors. If one spouse has a strong emotional attachment to the home or the house has been in their family for generations, the court might weigh those factors against financial concerns.

In Practice: Divorce & Your Home in Ohio

Imagine a couple divorcing after 15 years of marriage with two children involved. One spouse earns significantly more and can afford the mortgage, while the other has been the primary caregiver and is awarded primary custody of the children. The court may award the marital home to the custodial parent to provide stability for the children. In exchange, the higher-earning spouse might receive a larger share of other marital assets, such as retirement accounts, investment portfolios, or other properties, to balance the division.

It is also important to view the marital home as part of the larger financial picture. While one spouse may want to keep the house for emotional reasons or to avoid uprooting children, the associated costs—like the mortgage, taxes, and upkeep—must be considered. Negotiated settlements often include trade-offs involving the house, 401(k) accounts, shared debts, or other valuable assets.

Consulting with an experienced attorney can help ensure that decisions about the marital home align with your financial future and overall settlement strategy.

Your Options for the Marital Home in a Divorce

• Sell the House and Divide the Proceeds – Selling the marital home is a common and straightforward solution, especially if neither spouse can afford to maintain it alone. The proceeds from the sale are divided equitably, often helping each spouse pay off shared debts or establish a fresh financial start. This option eliminates ongoing shared financial obligations tied to the home and allows for a clean break.
• One Spouse Keeps the House – If one spouse wishes to keep the house, they typically need to refinance the mortgage in their name and buy out the other spouse’s share of the equity. This arrangement provides stability, especially for children, by maintaining a familiar environment. However, it requires the spouse to keep the home to demonstrate financial stability and the ability to manage ongoing expenses like the mortgage, taxes, and upkeep.
• Co-Ownership After Divorce – Sometimes, couples agree to retain joint home ownership temporarily. This might involve renting or waiting to sell the property until market conditions improve. While this approach can offer financial benefits, it requires clear agreements regarding responsibilities for maintenance, mortgage payments, and property selling timelines. Without proper planning, co-ownership can lead to conflicts.

Special Considerations: Houses in Your Divorce

• Homes Purchased Before Marriage: If one spouse purchased the home before the marriage and maintained it as separate property, they may retain ownership after divorce. However, if marital funds were used to pay the mortgage, cover taxes, or make significant improvements, the court may classify part of the home’s value as marital. For example, an increase in the home’s value due to shared contributions during the marriage could impact the final settlement.
• Vacation Homes and Rental Properties: Secondary properties, such as vacation homes or rental investments, are typically considered marital property if acquired during the marriage. Courts divide these assets by evaluating factors like income potential, ongoing costs, and accumulated equity. For instance, one spouse might receive a rental property while the other takes a larger share of liquid assets. Negotiating clear terms for selling or retaining these properties is essential for a fair outcome.
• Custody and the Family Home: Awarding the house to the custodial parent helps minimize disruptions to the child’s life, such as changing schools or moving away from a familiar neighborhood. However, the parent awarded the home must demonstrate the financial ability to maintain it. Sometimes, the court may balance this decision with an equitable division of other marital assets.

Clients Also Ask: Divorce & Your House

What if both spouses want to keep the house?

If both spouses want the house, the court will consider financial ability, custody arrangements, and contributions. Alternatively, the couple may negotiate a buyout or sell the home and divide the proceeds.

Do I lose my rights to the house if I move out?

No, moving out does not forfeit your rights to the house. Ownership and equity are determined during property division, not by who resides in the home.

What if the house is in only one spouse’s name?

If the house was purchased during the marriage with marital funds, it is likely considered marital property, even if titled to one spouse. Ownership and equity are divided based on equitable distribution laws.

Who pays the mortgage during a divorce?

Responsibility for the mortgage depends on the couple’s agreement or court orders. Courts often require both parties to share the responsibility until the property is sold or awarded to one spouse.

How is the house valued in a divorce?

The house is typically appraised to determine its fair market value. This value helps the court or couple decide how to divide equity or negotiate a buyout.

What if the house is underwater on the mortgage?

If the home’s value is less than the remaining mortgage, the court will factor in the negative equity when dividing assets and debts, potentially assigning responsibility to one or both spouses.

Does the custodial parent automatically get the house?

Not automatically. Courts prioritize stability for children, but financial feasibility and other factors also play a role in deciding who keeps the house.

Can we decide who gets the house without going to court?

Yes, you can decide how to handle the house without court intervention through mediation or negotiation. The agreement must be approved by the court to finalize the divorce.