The Buxner Law Firm Know What It Takes to Win Your Family Law Case.

Divorce 101: Can My Spouse Take Away the Marital Home?

When a couple is facing a divorce, regret tends to surface. Maybe you wish you treated your spouse differently or handled issues with greater maturity. You may even start to wonder if these downfalls will come back to bite you when it’s time to answer tough questions like “Who gets the house?” or “Will I get custody of the kids?”

While every divorce is different, courts are expected to abide by certain laws imposed in the State of Missouri. Understanding these laws will go a long way in offering you peace of mind as your divorce is underway.

Missouri’s Property Laws & Your Divorce

Perhaps you were accused of cheating on your spouse, or there were past instances of substance abuse or physical and emotional abuse. Will this affect the terms of your divorce?

Yes and no. The answer ultimately depends on the severity of the bad conduct and what the court is dividing. When it comes to child custody, any history of abuse does not bode well and can result in supervised visits.

Property division, however, is a different story. The court considers a variety of things before dividing the property, one of which is the conduct of both spouses during the marriage. As an equitable distribution state, courts in Missouri attempt to apportion marital property as fairly as possible. Bad behavior may result in the court giving one spouse a higher percentage of property, but unless it is very severe, it probably won’t result in a drastic difference.

If you are concerned about the outcome of your house and other property involved in your divorce, don’t hesitate to reach out to our firm. We would be happy to sit down with you for a free case evaluation and provide the best possible legal representation on your behalf!

When to Talk to an Attorney

If you are considering a divorce, the best time to speak with an attorney is now. Every divorce is different, which means that every divorce requires a unique strategy. At The Buxner Law Firm, we are prepared to help you understand your legal options, so we can work together to protect your rights, future, and your financial assets.

If you have more questions about asset division and divorce, contact our St. Louis divorce law firm to schedule a consultation with one of our lawyers.