Who Gets the House in a Divorce in Fayetteville, Arkansas?

Divorces can be incredibly contentious, particularly when it comes to property division. If you and your family have lived in the same house for years, the idea of vacating it may feel unreasonable to both spouses. When that’s the case, the question becomes, who gets the house in a divorce in Fayetteville, Arkansas? The answer is more complicated than you might think.

Arkansas Is an Equitable Distribution State

Arkansas is an equitable distribution state, meaning that marital property isn’t necessarily split 50/50 upon divorce. Instead, either the couple or a judge decides what is fair and divides the assets and debts accordingly. The person who gets the house typically receives a much smaller share of other marital property to compensate for the fact that they received the family’s most valuable asset.

When One Person Owns the House

If one person owns the house and has had their name on the deed since before getting married, that person will generally keep the house. However, any equity put into the property during the marriage, including mortgage payments and home improvements, is subject to equal division. The non-home-owning spouse may not get fully half the value of the property, but they will be entitled to something. They’re unlikely to be awarded the marital home itself.

When Both Spouses Own the Home

If both spouses own the home together and purchased it during the marriage, the situation is a little different. Several factors could influence who receives the marital home, but the most significant of them is whether there are children involved.

When a family has minor children living in the home, Fayetteville divorce laws allow the court to consider custody arrangements when it allocates marital property. The spouse with more parenting time often leverages their custody agreement to remain in the home with the children. Contact a Fayetteville child custody lawyer to learn more.

When Neither Spouse Can Afford the Home

Owning a home in Fayetteville, AR, isn’t cheap. The median home value is $419,000, and prices are rising. In expensive neighborhoods like Bridgewater Estates, home values can range as high as $4 million.

In some cases, neither person winds up with the marital home. If neither you nor your spouse can afford the home without the other, you may need to sell it and split the proceeds. Couples generally make this decision for themselves, but in contested divorces, judges can force the sale of the marital home if the couple can’t reach an amicable agreement.

Defining Your Priorities

Arkansas has a divorce rate of 3.0 divorces per 1,000 people, and each divorce is different. For some people, the most important aspect of a divorce agreement is staying in the marital home. Others don’t care whether they get to keep the house, as long as they get their fair share of the equity in it. You should decide what your priorities are before your Fayetteville divorce attorney goes into negotiations with your spouse and their lawyer.

FAQs

Who Gets the House in a Divorce in Arkansas?

Who gets the house in a divorce in Arkansas often depends on how the rest of the marital property is divided. Since Arkansas is an equitable division state, the marital property gets divided based on what’s fair instead of being split 50/50. The judge considers factors such as the length of the marriage, each spouse’s income, their contributions, and their needs when deciding how to divide property.

What Is a Wife Entitled to in a Divorce in Arkansas?

A wife is entitled to an equitable share of the marital property in a divorce in Arkansas. What that looks like in practice varies. Most of the time, judges split the marital assets and debts 50/50. However, there are times when a fair division of property does not involve a 50/50 split, and either the wife or the husband gets more of the marital assets.

Who Loses More Financially in a Divorce?

The woman usually loses more financially in a divorce. There are two primary reasons for this trend. First, women experience a wage gap, being paid less for their labor than men. Second, women are more likely to put their careers on hold to care for children. The good news is that, because Arkansas divides marital property equitably, a mother’s contribution to the marriage, in the form of child rearing, is taken into consideration when property is divided.

What Happens if You Get a Divorce and the House Isn’t in Your Name?

Generally, what happens if you get a divorce and the house isn’t in your name is that you’re still entitled to a fair share of the marital equity. The house itself may be considered separate property if it was purchased before the marriage. However, any equity put into the house, including improvements or mortgage payments, made during the marriage or with marital funds, will be subject to division.

Can My Wife Take My House in a Divorce?

Whether your wife can take your house in a divorce depends on several factors. If both of you have your names on the deed, it’s more likely that she will be able to continue living in the home than it would be if you had purchased the marital home prior to getting married. If you have children and she becomes the custodial parent, it’s more likely that she’ll be allowed to keep the home.

Hire a Divorce Lawyer

If you’re trying to keep your family home, you should hire a divorce lawyer to help you ensure the equitable division of marital assets. If your spouse also wants to keep the house, it could become a contentious issue.

The legal team at Bundy Law can help you resolve it. We’ve taken on many difficult property division cases in Fayetteville and successfully fought for our clients’ rights and interests. With our legal team on your side, you can trust that you are getting the quality legal representation you deserve. We can help you resolve your case amicably. Contact us to schedule an initial consultation today.