Who Gets the House in a North Carolina Divorce?

When a marriage ends in North Carolina, one of the most emotionally charged and complex aspects of the divorce process is deciding who gets the house. At The Stiltner Law Firm, PLLC, we provide legal assistance to the Hickory community, helping individuals navigate property division with clarity and confidence.

Equitable Distribution in North Carolina

North Carolina follows the principle of equitable distribution when dividing property in a divorce. This does not necessarily mean a 50/50 split, but rather what the court deems fair based on the circumstances. The family home is considered marital property if it was acquired during the marriage or if marital funds were used to maintain or improve it.

If the home is classified as marital property, the court will consider a variety of factors when determining who keeps it, including:

• The financial contributions of each spouse
• The needs of any children
• Each spouse’s ability to maintain the home independently
• Whether one party has a stronger emotional or family attachment to the property

Options for Dividing the Family Home

There are several possible outcomes for the family home during a divorce:

• One spouse buys out the other: If one party wishes to keep the house, they may purchase the other spouse's share.
• Sell and split the proceeds: Sometimes the best option is to sell the house and divide the profits fairly.
• Deferred sale: Especially when children are involved, the court may allow one spouse to remain in the home for a set period before selling.

Each option has different financial and emotional implications, and selecting the right path requires careful consideration.

How The Stiltner Law Firm, PLLC Can Help

At The Stiltner Law Firm, PLLC, we work closely with our clients in Hickory to ensure they understand their rights and options regarding the family home. We advocate for equitable solutions that protect your financial future and provide peace of mind during a difficult time. Whether you hope to retain the house or secure a fair share of its value, our team is here to guide you through every step.