What happens to the Family Home?



In Alabama, the Court has broad discretion when it comes to the disposition of the family or marital residence in a divorce.  Of course, two reasonable parties can often come up with a more creative solution to the disposition of the family home. Often, the Court will order that the family home be sold and the equity in the home, if any, be divided between the spouses.  However, if one party has the ability to buy out the other party’s interest in the home and relieve the other of any liability for the mortgage on the home, the Court may award the house to that party. In some circumstances, one party may be allowed to remain in the residence while the other is required to pay for the home.  Sometimes, parties agree to what is referred to as a nesting arrangement where they continue to own the home together, allow the children to live in the home, and then each party comes and goes from the home depending upon which party is exercising custody at the time. The decision of what happens to the marital home can be a difficult one.  It is important to have someone in your corner to help you with making that decision or presenting your case for your proposal of the disposition of the residence.