What happens to the family home on divorce?

How the answer differs across 5 jurisdictions

The Short Answer

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.

6 months
Deadline to declare return intent
100%
Home assigned in abuse cases
1361b
Relevant Civil Code section
1567(1)
Separation definition reference
The Short Answer

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.

s. 15
Relevant section
Fair provision
Legal standard
Dependent child
Key consideration
Court order
Required mechanism
The Short Answer

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.

Up to 12 months
Initial order length
No fee
Court fee for Form FL401
21 days
Notice period (usually)
s. 33
Relevant statute
US-CaliforniaFull article
The Short Answer

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.

100% community
Community property presumption
$0–$50k
Typical reimbursement range
6 months
Post-judgment refinance deadline
50/50 split
Default division rule
US-New YorkFull article
The Short Answer

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.

Equitable split
Division standard
10+ years
Typical marriage length factor
$0–$500k+
Home equity range
60/40 common
Frequent split ratio

Read Full Articles

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.