Can I keep my home without a buy out if divorcing?

Depends… First of all, are you in a community-property state or not? Second, when did you buy your home, before you got married or after? Finally, who is the owner of record, you, your soon-to-be-ex-spouse, or both of you jointly?

Here are some possibilities… DISCLAIMER: I am not a lawyer, nor do I play one on TV.

If you bought your home before you got married, it’s yours regardless of everything else, unless your soon-to-be-ex can show that he invested a lot of money into improving it.

If you bought your home while being married and you ARE in a community-property state, you have to buy out your soon-to-be-ex regardless of everything else. The price, however, may be a subject of negotiation and legal argument. For example, the judge may agree that the spouse with lower income contributed less to the purchase of the home and thus has less equity in it.

If you bought your home while being married and you ARE NOT in a community-property state, it depends on who the owner of record is. If it’s you, see “if you bought your home before you got married” above. If it’s both of you, you have to buy out your soon-to-be-ex, unless you can show that he has not contributed to the purchase. If it’s your soon-to-be-ex, see “if you bought your home before you got married” above, but the roles switch…