Who Keeps the House in a Divorce?

In New Mexico, property isn’t automatically split 50/50 in a divorce. Instead, the court looks at what’s fair based on the circumstances of each spouse. Factors like income, contributions during the marriage, and custody arrangements all play a role. The court focuses on what is fair, not necessarily what is equal, when deciding who keeps the house.

Just wanting to keep the house isn’t enough. You’ll need to show that you can refinance the mortgage in your name alone. Whether or not you qualify may depend on your income, child support, or spousal support. At New Mexico Legal Group, we start this process early to give you the best chance at keeping the home.

If one spouse keeps the house, the equity must still be divided fairly. This is often done through a cash-out refinance or by giving the other spouse a larger share of another asset, such as a retirement account. The home’s value must be agreed upon by both parties or determined by the court.