How Will We Decide Who Gets Our House in the Divorce?

 Posted on October 06,2023 in Division of Assets

The process of getting a divorce can be extremely complicated for several reasons. You could be feeling a lot of different emotions all at the same time. If you have young children, you will need to decide which parent takes care of which responsibility on which day. If you were in a two-income household, you will now need to get used to managing a single-income household. And if you owned a home together, the future of that home is a major decision that needs to be made. If you are about to go through a divorce and not sure what you want to do about your home, a Naperville, IL divorce lawyer can provide you with important guidance about this.

Deciding Who Gets the Family Home Is Complicated

If divorcing parents are the owners of their home, what happens to that home becomes a major issue to deal with during the divorce. Sometimes both spouses want to move away from the home that might hold painful memories for them, but sometimes the memories are of better times in the past that they think of fondly. Unlike a sum of money, a home cannot simply be split down the middle, and that is why property distribution decisions can be quite complicated. 

What Should I Consider When Deciding about Our House?

If you are getting a divorce, an experienced attorney can walk you through what is involved in trying to decide the future of your shared home. While everyone has their own specific circumstances, personality, and background, some common ideas are generally taken into consideration when making this important decision:

• Emotional considerations: For some people, living in the home that they once shared with their former spouse is too painful. Whether they have good memories of a past life together or bad memories of bad times, the home where they once lived could be a painful reminder of what once was. For others, the nostalgia that the home might inspire could be welcome. It is a good idea to figure out where you fall on this spectrum, to help you understand whether this home is a place you can imagine yourself living in the future.

• Financial considerations: You might find that money issues could make it extremely hard for you to maintain the home. You will need to cover any balance in a mortgage, taxes, home insurance, and all home maintenance costs without your spouse. Your divorce attorney might recommend a financial advisor assist you in this decision because in some cases, your financial situation might mean that it would make more sense for you not to fight for the home.

• Custody considerations: If a couple has young children, their shared home can become an even more complicated issue. It could be important for maintaining stability for the children, keeping them in the same school and with their same neighborhood friends. If the house is a place that the children lovingly consider their home, this could also help with their transition and dealing with their parents’ divorce. If it is a place of painful memories for the children, it might be best to get a fresh start in a new location. The children’s best interests should certainly be taken into account before anything is decided.

Schedule a Free Consultation with a Dupage County, IL Divorce Lawyer

If you are about to begin a divorce settlement and are worried and confused about how you and your spouse will decide on your family home, call Pesce Law Group, P.C. at 630-352-2240 today. You can schedule a free consultation with a Naperville, IL divorce attorney, who can guide you through this complicated decision.