One of the most emotionally charged—and financially significant—questions in any Minnesota divorce is: What happens to the house? For many, the marital home is more than just real estate. It’s a symbol of stability, a container of memories, and often the largest asset to be divided.

At Johnson/Turner, our attorneys regularly walk clients through this complex and personal issue. Here’s what you need to know—directly from our legal team.

Is the House Marital Property?

“In Minnesota, the starting point is always: when was the house acquired? If it was bought during the marriage, it’s typically marital property and subject to division,” explains attorney Katherine Rotmil. “Even if one spouse paid for most of it, if it was bought during the marriage, it’s presumed to be shared.”

However, things can get complicated if the home was acquired before the marriage or received as a gift or inheritance. As Senior paralegal Cheryl Rithmiller notes, “It may still have a marital component if marital funds were used for improvements or mortgage payments. That’s when we have to trace non-marital claims.”

Who Gets to Keep the House?

“That depends on a lot of factors,” says Katherine. “Most often, the parent who has primary custody of the kids wants to stay in the house for stability. Courts do consider that, but they also look at who can afford it.”

She adds, “There’s no automatic win just because someone wants the house. If you can’t refinance it or buy out your spouse’s interest, keeping it may not be viable.”

What Are the Options for Dividing the Home?

Cheryl Rithmiller outlined several potential outcomes:

• One spouse keeps the house and buys out the other:
  “If one party wants to keep the house, they usually refinance the mortgage into their own name and pay the other their share of the equity, either up front or via a short- or long-term lean.”

• Sell and split the proceeds:
  “Sometimes the only viable option is to sell the house, especially if neither spouse can afford to keep it alone.”

• Temporary arrangements:
  “We sometimes see agreements where one or both spouses may stay in the home temporarily—especially when children are involved—until a future sale.”

What If You Want to Stay in the House?

“If you’re emotionally attached to the home, I get it,” Cheryl says. “But we always ask: can you afford to stay? Can you refinance? Will keeping the house leave you house-rich but cash-poor?”

Katherine adds: “A lot of people think keeping the house is a win, but it can become a financial burden when income levels drop. We do see clients who cohabitate while proceedings are pending, although this is typically a short-term solution.”

Don’t Let Emotions Cloud Smart Decisions

Life coach Matt Tuttle summed it up: “The house is important—but it’s not worth your financial future. We want to help you protect your stability long-term, not just win a battle that might cost you more later. “

He continues, “Change is scary, but it’s important to remember that the division of the home is one of the first steps to the fresh start that every client wants.”

At Johnson/Turner, we walk with you through the hard decisions. With packaged pricing, full legal teams, and customized strategies, we’re here to guide your next chapter.

Need help deciding what to do with your home in a divorce? Let’s talk. Book your consultation with our team today.