Who Gets the Family Home in a Kansas Divorce?

For many married couples, the family home often represents not just a significant financial asset but also an emotional centerpiece of the marriage. During a divorce, as part of equitable distribution, Kansas courts strive to divide marital property fairly, though not necessarily equally. The division of the family home requires careful consideration of both financial and emotional factors. 

Given the unique nature of the family home, the court may explore several options to ensure an equitable division.

1. Selling the home and splitting the proceeds — This option is often considered when neither party can afford to keep the home independently or when both parties prefer a clean financial break. Selling the home eliminates the need for continued financial ties, such as sharing mortgage payments or property taxes, and allows both parties to move forward with liquid assets.
2. One spouse buys out the other — This option can be particularly appealing if one spouse has a strong emotional attachment to the home or if the children’s stability is a priority. The buying spouse would need to refinance the mortgage in their name and compensate the other spouse for their share of the equity. The buyout amount is typically based on the current market value of the home, minus any outstanding mortgage balance.
3. Co-owning the home temporarily — This arrangement might be chosen if the couple has children and wants to maintain stability by keeping the children in the home until they graduate from high school. In this scenario, the divorce decree would outline the responsibilities of each spouse regarding mortgage payments, property taxes, and maintenance costs. Once the agreed-upon period ends, the home can be sold, or one spouse can buy out the other.
4. Offsetting the value of the home with other assets — The court may award one spouse the home and compensate the other with assets of comparable value. For example, if the marital estate includes significant retirement accounts, investment portfolios, or other real estate, the spouse keeping the home might give up a portion of these assets to achieve an equitable division. This approach allows both parties to retain valuable assets without the need for immediate liquidity.
5. Deferred sale — In some situations, particularly when market conditions are unfavorable, the court may allow the home to remain in joint ownership until it can be sold at a better price. The spouses continue to share the financial responsibilities of the home, and the proceeds are divided once the sale is completed.

Courts in Kansas have broad discretion in crafting an equitable solution that suits the unique circumstances of each case. Whether through sale, buyout, or another arrangement, a qualified divorce attorney can work out a fair division that allows both parties to move forward.

Peggs Wheeler, LC provides knowledgeable and experienced representation for divorce in and around Wichita, Kansas. Call 316-512-7853 or contact us online for a consultation.