What Can Be Done if We Don’t Agree On Who Will Get the Marital Home?

Posted on February 12th, 2020

The division of marital assets is often a difficult task for divorcing couples. Pennsylvania is an equitable distribution state meaning that in a divorce, the needs of each spouse will be considered. But, equitable does not mean equal. So who gets the marital home?

Equitable Distribution – Marital Home Subject to Division

As per Pennsylvania’s equitable distribution model, all marital assets, including the marital home, are subjected to division. If you and your spouse cannot agree on who gets the home, the court will review a variety of factors. 

If you purchased the home before you were married, this can be an important piece of information–especially if the home was inherited or a gift. 

Other factors the judge may consider are:

  • Each spouse’s financial circumstances and contributions to the marital home
  • Which parent has custody of the minor children
  • The value of the marital home
  • Any marital misconduct of either spouse

It’s important to note that a judge is more likely to side with the parent who has custody of the children when it comes to giving the home. 

If no children are involved, the court may also give each spouse marital shares of the home.

Martial Shares

If the judge awards you and your ex a share in the marital home, it means that each spouse has rights to the total value of the home. If a spouse still wants to have total ownership of the home, there are ways to do so. Such ways to give marital shares include:

  • One spouse may buy the others share of the home, giving him or her full ownership for a limited period of time to sell the home
  • The couple may sell the house immediately and divide the assets as determined by the court
  • Giving one spouse additional marital assets to offset the value of the home

A court may also employ deferred distribution where the court may award you the home to live in until the youngest child is 18. At that point, the house must be sold. 

Separation Agreements

Of course, if you and your ex can come to an agreement on the division of assets, you will want to create a separation agreement. 

A separation agreement is a legally-bound civil contract between spouses to resolve their personal matters including division of property, debts, custody, and child and spousal support. 

But if you cannot come to an agreement, you’ll need the guidance of a trusted family law firm that can guide you through the divorce and division of marital assets. In that case, you need to call Kalinoski Law Office P.C. 

Can’t Agree on Who gets the Marital Home? Contact the Scranton Lifetime Lawyer at Kalinoski Law Offices P.C. Today

Our Scranton family law attorney is available to provide you legal representation and guidance on protecting your assets during a divorce and ensure your marital home stays in family hands. To arrange a confidential, free initial consultation with a strong family law advocate, contact us online or call (570) 207-4000.

Category: Family Law

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Craig Kalinoski
Craig Kalinoski

Craig P. Kalinoski is a respected attorney serving clients in Scranton, Pennsylvania. With a focus on Family Law, Criminal Defense, and Civil Rights, he has established himself as a top-rated legal professional. Recognized as a Rising Star and admired by peers, Craig's commitment to excellence sets him apart in the legal field.


We fight for the rights of our clients in a wide spectrum of practice areas, ranging from criminal defense to family law and personal injury.

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