Who Gets the House in a Connecticut Divorce?
Divorce can be a challenging time to go through.
One main question is, Who will take possession of the home?
You may also wonder what will happen if the marital home is in your spouse’s name only or what happens if one spouse’s name is on the mortgage but both names are on the title.
Lastly, you might have questions regarding what happens if only one spouse is on the mortgage but both are on the title in a Connecticut divorce. It is critical that you speak with a Connecticut divorce attorney regarding your options.
Am I Entitled to Half the Equity in the House?
This means that in most cases property will be split approximately 50/50. However, the court has the authority to adjust the division in the interests of equity.
How Does the Court Divide the Equity in the House?
Sell the House and Split the Equity
Both spouses are usually on the mortgage and the deed. But in the case where one spouse’s name is on the deed but not on the mortgage, a divorce can get only a bit more complicated.
The first option is for both spouses to sell the house and divide the equity even if only one is on the deed. It also depends on whether the home was owned by one of the spouses before the marriage.
The equity in the home at the time of the marriage may be considered as a premarital asset. The value of the asset at the time of marriage may not be split. But like most things, it depends on many factors.
Contact us so we can help you understand your situation and determine the best path forward.
Award an Asset of Equal Value to the Person Who Doesn’t Get the House
Despite this, one spouse might not want to sell.
A second option is for one spouse to give up their equity in the house and in return have the other spouse give up their interest in another asset, such as a retirement plan.
Allow One Spouse to Buy Out the Other Spouse’s Equity by Refinancing the Property
One possibility is that the person who chooses to stay adjusts the mortgage by refinancing it into only their name and paying the other spouse their share of the equity. That way, the deed and mortgage could be solely in the name of the remaining partner.
Is Title to the Home a Factor?
In a Connecticut divorce, it does not matter whose name is on the title. If the marital home is in your spouse’s name only, the court can still award you some or all of the property. This is because, under Connecticut law, the Superior Court can assign to one spouse or the other all or a portion of the estate of the other spouse.
If the spouse whose name is on the mortgage is awarded the home, the other spouse will sign a quit claim deed to remove their name from the title.
If the spouse whose name is not on the mortgage is awarded the home, they will need to refinance the property to relieve the other spouse of the mortgage obligation.
Contact an Experienced Connecticut Divorce Lawyer to Learn More
During this difficult time, it is key that you have an experienced attorney on your side. Especially in a divorce in Connecticut, the question of who gets the house can be complex.