How Can I Keep the House in a Divorce in Tennessee?

Understanding Property Division Laws in Tennessee

When facing a divorce in Tennessee, one of the most emotionally and financially significant concerns is who gets to keep the family home. The process of dividing property in Tennessee is based on equitable distribution, which aims to divide marital property fairly—though not always equally—between both spouses. Understanding how the law classifies and divides property is essential if you want to keep the house in a divorce.

Tennessee courts first determine whether the property is marital or separate. Marital property includes assets acquired during the marriage, while separate property usually refers to assets owned before marriage or inherited individually. If the home is considered marital property, it becomes part of the division process.

Judges look at a range of factors when deciding who should retain the home, including each spouse’s income, contributions to the marriage, caregiving responsibilities, and the living arrangements of any minor children. Showing that you can afford to maintain the home and that it plays a critical role in your family’s stability can support your case.

At the Law Office of Sam Byrd, we work with individuals to help them navigate these complex laws and advocate for a fair division that aligns with their long-term goals.

Factors Courts Consider When Awarding the Family Home

In Tennessee divorce cases, keeping the marital home isn’t just about who wants it most—it’s about what the court determines is fair based on a range of important factors. If you’re hoping to keep the house in a divorce, it’s crucial to understand what judges evaluate before making that decision.

One major factor is the financial standing of each spouse. The court will assess who can afford the home’s mortgage, taxes, insurance, and maintenance without undue hardship. If one party cannot reasonably cover these expenses, the court may award the house to the other party or order it sold.

The court also takes into account the needs of any children involved. If children have primarily lived in the home and would benefit from staying there for stability, the custodial parent may be more likely to retain the property. Contributions to the home—whether financial or through upkeep and improvements—can also influence the outcome.

Negotiating with Your Spouse for the Home

Keeping the family home during a divorce doesn’t always come down to a courtroom decision—many couples reach agreements through negotiation. If you’re looking to keep the house in a divorce, working out terms directly with your spouse, or through mediation, can often lead to a more flexible and amicable outcome.

Negotiation allows both parties to weigh what’s most important to them. For example, one spouse may agree to give up their share of the home in exchange for a greater portion of retirement assets or other property. This kind of trade-off can help reach a balanced agreement without prolonged legal battles.

To negotiate successfully, it’s essential to have a clear understanding of your home’s value, the remaining mortgage balance, and your ability to refinance or buy out your spouse’s share. You should also consider the emotional and financial impact of keeping the property long-term.

At the Law Office of Sam Byrd, we support clients throughout these negotiations by preparing fair proposals and offering guidance every step of the way. Our goal is to help you preserve what matters most while finding a resolution that’s both practical and personalized to your situation.

What to Do If the House Is in Both Spouses’ Names

When a home is jointly owned by both spouses, navigating ownership during a divorce in Tennessee requires careful planning and clear communication. Understanding your legal and financial responsibilities is essential if you want to keep the house in a divorce—or determine the best course of action for both parties.

First, review the deed and mortgage. If both names are on the mortgage, you’ll need to consider refinancing it into one name if one spouse wants to retain ownership. This step is necessary not just to remove financial liability from the other spouse, but also to protect both parties’ credit and financial stability.

If refinancing isn’t possible or practical, selling the home and dividing the proceeds might be the most equitable option. In some cases, one spouse may stay in the home temporarily—particularly if children are involved—while both still legally own it.

The division of jointly owned property often depends on the overall financial settlement, contributions to the mortgage, and the specific needs of the family.

At the Law Office of Sam Byrd we guide clients through each step, helping them understand their rights and responsibilities while working toward a resolution that protects their financial future and personal priorities.

Conclusion 

Navigating home ownership during a divorce can be emotionally and financially challenging, especially when both spouses are on the title. Understanding your options—whether that means refinancing, selling, or negotiating a fair buyout—is key to making informed decisions. Keeping the house in a divorce requires not only emotional readiness but also financial preparation and legal clarity. Working with a knowledgeable legal team can help ensure that your interests are protected throughout the process. At the Law Office of Sam Byrd, we’re committed to helping you evaluate your choices and secure a fair outcome that supports your long-term stability.