Who Gets the House in a Divorce in Alabama?

Who Gets the House in a Divorce in Alabama?

For many spouses, their home is their most valuable asset–both monetarily and sentimentally. This is why, in many cases, when it comes to the division of assets, the home is the most fought for. If you are someone who is getting divorced and you wish to keep your home, you must continue reading and speak with our Alabama divorce attorneys to learn more about equitable distribution and how our firm can help you. Here are some of the questions you may have:

What is marital property vs. separate property?

When Alabama courts consider who will get which assets, the first step is determining which property is separate property and which property is marital property. Separate property usually includes assets that were acquired before or outside of a marriage, such as gifts or inheritances. Marital property generally includes all property that was acquired during a marriage. Marital property is typically subject to equitable distribution, while separate property is not.

Is a house considered marital property in Alabama?

In most cases, yes, a house is considered marital property. Even if one spouse purchased the home before marriage, if the other spouse can prove that he or she significantly contributed to the house, either monetarily or otherwise, there is a very good chance that spouse may have a shot at keeping the marital home in a divorce. Some examples of monetary contributions include renovations and paying daily expenses. Some examples of non-monetary contributions include raising children, taking care of daily chores, and more.

What else do Alabama courts consider when it comes to who gets to keep the house?

Alabama courts will consider a wide range of factors when determining who gets to keep the house in a divorce, including the value of the home, the standard of living established in the marriage, debts and liabilities, any child custody agreement, and more. They will also consider both spouse’s age and health, yearly salaries, earning capacity, and more. The bottom line is that if you are someone who is going through the divorce process and you are looking to keep your home, you will have to retain the services of an experienced Alabama divorce attorney who can work to protect what is most valuable to you. Our firm is here to help–all you have to do is pick up the phone and give us a call.

Contact our experienced Alabama firm

Stone Crosby, P.C. has proudly served clients in Alabama for over 100 years. Our firm has experience handling matters including divorce and family law, estate planning and administration, business law, employment law, class actions, consumer protection, business law, real estate law, among many others. If you require quality legal representation, contact our firm today to schedule a consultation.