How do I protect my house from a divorce if I am already married?

In community property states, such as California, Washington and New Mexico, divorce courts divide marital property between the parties. In non-community property states, the courts attempt to distribute the property equitably. To prevent the courts overriding the intention of the parties, most divorces include property settlement agreements where the wife and husband decide prior to the hearing who gets what in the divorce. This is the best alternative in ensuring that you keep your home. However, where there is contention over marital property, the courts will step in.

Factors that courts look at in determining distribution are:

• Any non-marital property
• Parties' earning power
• Who earned what property
• Any services as a homemaker
• Any Waste and dissipation by either party
• Fault by either party
• Duration of marriage
• Age and health of the parties
• Tax consequences surrounding the property
• Any prenuptial agreements

Usually the one with the lesser amount of property is given more marital property. If one party has more non-marital property, that might favor the other party, as well. If your wife earns less than you, the court may determine that she gets more of the marital property, including the house. Courts often seek to protect the one with less earning power or potential.

If you can come to an agreement with your wife regarding the marital property, that is definitely in your favor. However, consult with an attorney regarding the divorce distribution laws in your state in case marital property allocation becomes a contentious issue.