What happens to the family home on divorce?
How the answer differs across 5 jurisdictions
GermanyFull article Yes — under German law, a court can assign the marital home (or part of it) to one spouse during separation if keeping the other spouse there would cause undue hardship, especially for children or victims of abuse.
IrelandFull article On divorce in Ireland, the family home is dealt with under the Family Law (Divorce) Act 1996, which gives the court wide powers to make property adjustment orders—including transferring ownership, ordering sale, or granting occupation rights—to ensure fair provision for both spouses and any dependent children.
Yes, you may be able to get an occupation order to stay in the family home if you have a legal or beneficial interest in it, or if you’re married, in a civil partnership, or cohabiting with the other person.
US-CaliforniaFull article Yes, California courts can award the family home to one spouse as part of the division of community property, typically through an 'in-kind' division or a buyout.
US-New YorkFull article In a New York divorce, the marital home is treated as marital property and divided equitably—not necessarily equally—based on factors like length of marriage, income, contributions, and custody needs.
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GermanyCan the court assign me the marital home during separation?
IrelandHow is the family home dealt with on divorce?
UKCan I get an occupation order to stay in the family home?
US-CaliforniaCan the court award the family home to one spouse?
US-New YorkWhat happens to the marital home in a New York divorce?Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.