A Divorce Attorney details the factors the courts will consider when determining what happens to the marital home in a divorce. If both parties want to sell the home and split the proceeds, then that is what happens. However, if one party wants to keep the home, then the home will need to be refinanced into their name. They will need to qualify for that loan on their own through their bank. And they will also need to be able to afford the expenses of maintaining the residence above and beyond the mortgage. If refinancing is not possible or the bills are too expensive, then the home will need to be sold and the proceeds split between the spouses.