A court will decide who will keep the family home in a divorce. The court will look at several things to make its decision:
- Needs of the children
- Needs of the parent who lives with the children
- Which spouse helped purchase and keep up the home
- How other property in the divorce will be divided
Often, the person who gets the family home also is responsible for paying the mortgage on the family home. Courts will usually not allow a spouse to stay in the family home forever without refinancing any remaining debt on the house.