Who Gets the House in a Maine Divorce?

The family home is usually the largest and most emotionally charged asset in a Maine divorce. Under 19-A M.R.S. § 953, there is no rule that automatically awards the house to either spouse. The court considers the same equitable distribution factors it uses for all marital property — including each spouse's financial circumstances, contributions to the marriage, and the needs of any minor children.

In practice, the home is handled through one of three approaches: a buyout, a sale, or a deferred sale.

Option 1: Spousal Buyout

One spouse keeps the house and compensates the other for their share of the equity. This is the most common outcome when one spouse wants to stay — especially if minor children are involved and the court prioritizes residential stability.

How the math works:

1. Get a formal real estate appraisal to establish current fair market value
2. Subtract the outstanding mortgage balance to find the net equity
3. Apply the agreed or court-ordered split percentage (not necessarily 50/50 in Maine)
4. The retaining spouse pays the departing spouse their share — either from other marital assets (retirement accounts, savings) or through a refinance cash-out

The retaining spouse must refinance the mortgage into their name alone to remove the departing spouse from the loan. If they cannot qualify for refinancing on a single income, this option falls apart — and the court may order a sale instead.

Option 2: Sell and Split Proceeds

The court orders the home listed on the open market. After closing, the net proceeds — minus the mortgage payoff, broker commissions, transfer taxes, and closing costs — are divided according to the equitable split.

This option provides a clean financial break. Neither spouse carries the ongoing burden of the mortgage, property taxes, insurance, and maintenance alone. It works best when neither spouse can afford the home on a single income or when both want a fresh start.

Option 3: Deferred Sale

When minor children live in the home, the court may award "exclusive possession" to the custodial parent for a set period — often until the youngest child graduates from high school. The eventual sale and equity split are deferred.

This preserves stability for the children but creates ongoing complications:

• The court order must specify who pays the mortgage, property taxes, insurance, and maintenance during the deferral period
• Both spouses remain on the mortgage (unless refinanced), affecting the departing spouse's ability to buy a new home or qualify for loans
• Property values can shift significantly over a 5-10 year deferral, creating future disagreements about the split

Under § 953(1)(C), courts weigh the "desirability of awarding the family home, or the right to live there, to the spouse having custody of the children." But desirability is not a mandate — the court still balances it against both spouses' financial realities.

The FM-171 Filing Requirement

Whichever option the court orders, there is a critical post-judgment step that many people miss. Once the divorce decree awards real estate to one party, that party must:

1. Complete an Abstract of Divorce Decree (Form FM-171)
2. Pay a $10 certification fee to the court clerk
3. Record the certified abstract at the Registry of Deeds in the county where the property is located

Under § 953(7), failing to record the FM-171 leaves the property title clouded. You will not be able to sell, refinance, or take out a home equity line until the abstract is properly recorded. This step applies even if both spouses already agreed on the disposition of the home.

Factors That Influence the Court's Decision

When spouses cannot agree on the house, the judge considers:

• Custody arrangements — the parent with primary custody often has the stronger claim to keep the home
• Each spouse's financial capacity — can they afford the mortgage, taxes, and maintenance on a single income?
• The home's equity relative to the total estate — if the home represents 80% of the marital estate, a buyout may leave the departing spouse with very little
• Whether either spouse contributed separate property to the purchase or improvements

The Maine Divorce Financial Split Guide includes a home equity buyout calculator and an asset-offset worksheet for working through these scenarios before mediation — so you walk in with numbers, not emotions.

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