One of the most emotionally charged questions in a Minnesota divorce is, “Who gets the house?” For many couples, the marital home is more than just a property—it’s a place filled with memories, stability for children, and often the single largest financial asset. Deciding what happens to it requires balancing both emotional and legal considerations.
Marital vs. Non-Marital Property
In Minnesota, property division is guided by the concept of “equitable distribution.” This means assets are divided fairly, but not necessarily equally. If the home was purchased during the marriage, it is generally considered marital property. However, if one spouse owned it before marriage or inherited it, part of its value could be considered non-marital—though appreciation during the marriage might still be subject to division.
Factors Courts Consider
- When deciding who keeps the home, Minnesota courts weigh several factors, including:
- Each spouse’s financial situation and ability to afford the home.
- Whether minor children are involved, as stability may be prioritized.
- Contributions made by each spouse, both financial and non-financial.
- Overall fairness when dividing marital assets and debts.
Sometimes the court may order the home to be sold and the proceeds divided if neither party can reasonably afford to keep it. In other cases, one spouse may “buy out” the other’s share to retain ownership.
Emotional and Practical Challenges
Beyond the legal framework, the house carries emotional weight. For parents, maintaining continuity for children may be the top priority. For others, financial realities—mortgage payments, upkeep, and property taxes—become the deciding factor. This is why it’s important to approach the decision with both heart and mind.
How Divorce Mediation Can Help
Litigation can turn this already difficult issue into a drawn-out battle. Mediation provides a healthier path by helping divorcing couples discuss options openly and respectfully. A neutral mediator facilitates these conversations, ensuring both sides are heard while guiding them toward fair and practical solutions.
At AMS Mediation, we specialize in helping Minnesota couples work through difficult property decisions—including what happens to the house—in a way that minimizes conflict. With professional guidance, couples can often reach agreements that meet their financial needs while preserving stability for their families.
Dividing property in a divorce is never simple, especially when it comes to the family home. But with the right support, you don’t have to face the process alone. Mediation empowers couples to make informed, fair, and customized decisions without leaving the outcome solely in the hands of the court.
So, as you think about your future, ask yourself this: wouldn’t it be better to have a say in who gets the house rather than leaving such an important decision up to a judge?
