Legal Question in Family Law in Kentucky

Re: Can I keep the house

First, a judge ultimately decides how a residence is divided and he or she will look at all the assets and debts of the marriage in arriving at that decision.

The problem with a residence comes in because the mortgage holder is not affected by court orders regarding the distribution of property. So, even if your husband graciously let you have the house, he would still remain responsible for the mortgage and vice versa. That is why houses are usually sold or refinanced during a divorce.

That being said, if you are able to get approval for refinancing the loan and thus releasing your husband from the mortgage, I cannot imagine that any judge would deny it.

Even if a judge ordered a house sold, he or she could not prevent you from purchasing it as a free market particant. If a judge ordered you not to buy the house on the market, such an order would be subject to challenge on appeal. The only barrier would be arranging the financing.