For most couples, the house isn’t just a roof over their heads—it’s the biggest financial asset they own. It’s also where your kids took their first steps, where the dog’s still scratching the same doorframe, and where half your furniture still technically belongs to both of you.

So when divorce hits the table, the question comes fast:

Who gets the house?

Let’s Start with the Basics: It’s All About Equity

Tennessee is an equitable distribution state. That doesn’t mean “everything gets split 50/50”—it means the court tries to divide things fairly based on a bunch of factors.

So if the house was bought during the marriage, it’s likely marital property—even if only one name is on the deed. That means the value of the house (minus the mortgage) has to be divided somehow. Here are your basic options:

1. One party keeps the house and buys out the other’s equity.
2. The house gets sold and the proceeds get split.
3. The house gets temporarily awarded to one party—usually the parent with primary custody—until a sale later.

I’ve seen every version. I’ve also seen couples fight for a house neither of them can afford solo, racking up attorney’s fees that could’ve paid for a down payment on something new.

What If You Both Want It?

Well… buckle up. The court will look at:

• Who can afford to refinance in their name
• Who’s getting primary parenting time
• Whether the house is close to the kids’ school or support system
• The emotional or financial stability of each party
• Who actually wants it versus who just doesn’t want the other person to have it

If nobody can qualify for the mortgage or keep up the payments, the judge may order it sold—whether you like it or not.

And What About Separate Property?

If one of you owned the home before the marriage, it might be considered separate property. But if marital funds were used to pay the mortgage or make improvements? Then part of that equity might be up for grabs.

So no, you can’t just say “I bought it before we got married” and call it a day. The court still gets the final word.

I tell clients this all the time: don’t fall in love with a house that no longer fits the life you’re living.

Sometimes selling is freedom. Sometimes keeping it is a lifeline for your kids. And sometimes, the house is just a heavy anchor in the middle of a storm.

Let us help you figure out which it is.