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Colorado Family Law

Who gets the family home in a divorce?

The divorce process is full of twists and turns, all of which can cause quite a bit of stress if you don't know which steps to take and how to protect yourself.

While there is no definite way of knowing who will get the family home in a divorce, this is something you need to think about early on.

The first question you need to answer is this: Do you want to stay in the family home, or are you okay with the idea of giving it up?

While some people are attached to their home, others would rather move on with their life in another property.

First things first

One of the first things the court will look at is if you have any children. If you do, the person with physical custody may be the one who gets to keep the marital home. While this may not be something you agree with, it's good to know that it will provide some stability for your children.

Here's something else to think about: If one person purchased the home before tying the knot, using only his or her funds, this person may be able to keep the property and require the other to move out.

Split the difference

If you have no children together and neither party wants to stay in the home, it's best to sell the property and split the proceeds. This is one of the easiest ways to decide what to do with the family home.

As you can see, there is no easy answer to the question of who gets the family home in a divorce. This depends on many factors, including if children are involved and the feelings of both individuals.

If you find yourself going through divorce, don't hesitate to turn your attention to your home. You want to know that you are getting what you deserve as matters of property division become the primary topic of discussion.

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McGuane and Hogan, P.C.
3773 Cherry Creek North Drive Suite 950
Denver, CO 80209

Toll Free: 800-574-3771
Phone: 303-691-9600
Fax: 303-691-9900
Denver Family Law Office

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Aspen, CO 81611

Toll Free: 800-574-3771
Phone: 970-920-7878
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