Understanding Marital vs. Non-Marital Property
Divorce can be one of the most emotionally and financially challenging experiences a person can face. Among the many decisions that must be made, dividing property often carries both practical and sentimental weight. One of the most pressing questions for divorcing couples is this: Who gets the house?
Understanding how property is divided under Missouri’s equitable distribution laws is key to navigating this process. At Galmiche Law Firm, P.C., our experienced Chesterfield divorce attorneys are here to guide you through these complexities and advocate for your best interests.
Understanding Equitable Distribution in Missouri
Missouri follows equitable distribution when dividing property in a divorce. Equitable doesn’t always mean equal—it means fair. Courts evaluate each spouse’s circumstances to decide what’s fair. This flexible approach makes having a skilled attorney important.
Courts consider factors like each spouse's financial and non-financial contributions, including income and homemaking, to ensure a full picture of what each brought to the marriage.
Marital vs. Separate Property
A key part of property division is distinguishing between marital and separate property. Marital property includes assets or debts acquired during the marriage, while separate property refers to those owned before the marriage or gained independently through inheritance or gifts.
For example, marital property might include joint savings, retirement plans accrued during the marriage, or a home bought together. Separate property could include family heirlooms, a car bought before the marriage, or an inheritance meant for one spouse.
The marital home often causes confusion—it’s usually considered marital property, even if only one spouse’s name is on the deed, depending on when and how it was acquired. Understanding these differences is key to reaching a fair agreement.
Key Factors Courts Consider When Dividing Property
When deciding how to divide property, Missouri courts consider several key factors to ensure an equitable distribution.
These include but are not limited to the following:
Duration of the Marriage: Longer marriages may involve more intertwined financial circumstances, which can impact the division process.
Contributions of Each Spouse: This includes both financial contributions, such as income, and non-financial contributions, like managing the household or raising children.
Economic Circumstances of Each Spouse: Courts aim to ensure that both parties have a stable financial foundation post-divorce.
Custody of Children: When children are involved, maintaining a stable home environment for them becomes a priority.
Misconduct or Dissipation of Assets: If one spouse has wasted or hidden marital assets, it may affect the court's decision.
Each of these factors plays a critical role in determining who gets what, including whether one spouse retains ownership of the marital home.
Who Gets the House?
The marital home is often one of the most valuable—and emotionally significant—assets in a divorce. Its division can be complex, especially when both spouses claim it.
Common outcomes include:
One spouse keeps the house while buying out the other’s equity.
- Selling the home and dividing the net sale proceeds equitably, which may be necessary if neither spouse can afford the home alone.
Temporary arrangements, such as one spouse staying in the house with the children until they reach a certain age.
Ultimately, the court strives to create a division that is fair, not necessarily equal. Practical concerns like whether one spouse has the financial means to maintain the home are also taken into account.
How a Divorce Attorney Can Help
Dividing marital property, particularly the home, is seldom straightforward. Having an experienced divorce attorney by your side can make all the difference. At Galmiche Law Firm, P.C., we provide tailored legal support to ensure your rights and interests are protected. Our team has extensive experience handling complex asset divisions and high-conflict divorces, and we work closely with our clients to build a strong case for fair outcomes.
From evaluating financial details to negotiating equitable solutions, we are here to guide you through every step of the process. Whether you’re advocating for the family home or seeking a just division of all marital property, we're committed to helping you protect what matters most.
Contact our Chesterfield divorce attorneys today to schedule a consultation. Submit a contact form or dial (636) 552-4841 today!