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Who Stays in the Family Home after a Divorce?

Posted in Divorce, Family Law on Tuesday, January 7th, 2020

As about half of all people who have been married can tell you, divorce brings with it many uncertainties and questions. One of these common questions is who stays in the family home after a divorce?

As a seasoned Will County family lawyer will tell you, there are no cut and dry answers to this question – no one-size-fits-all solution to divorce. Each family and divorce situation is unique. It is best to discuss this question with your divorce attorney to determine what answer will be the best in your own situation. Who gets the house is often a serious point of contention in a divorce as it might be the most valuable asset in the marriage. In addition, both spouses and the children may have deep emotional ties to the house, further complicating the issue at hand.

Use Good Judgment

There are valid reasons to want to keep the family home in your divorce, and there are some not-so-valid reasons. If you are concerned about your children and how leaving the family home might traumatize them, consider taking them to a child psychologist who can further evaluate the situation and offer suggestions from a neutral point of view. 

If you are dealing with your own emotional attachment to the home, know that you are not alone. This is very common in a divorce situation. However, an emotional attachment is not a good reason to keep the family home. Even though you may have built your dream home, had your home in your family for generations, or simply want it because of all the wonderful memories it holds, now is the time to make decisions that are not based on emotions that can change.

Another poor reason to want to keep the family home is greed, spite, or control. While keeping and living the family home may help you feel vindicated for your spouse’s indiscretion, it may not be the best decision for your family long-term. It is best to leave your emotions out of this serious, life-changing decision that will impact your finances, as well.

Negotiate with Your Soon-to-Be Ex-Spouse

One benefit of hiring a skilled family lawyer in Will County to represent you in your divorce is that they can assist you in negotiations with your spouse. You may be able to negotiate a settlement with your spouse that includes the house and works out best for everyone involved. 

There are generally three options when it comes to the family home in a divorce:

  • Sell the house and divide the proceeds or debt
  • Have one spouse or the other keep the home
  • Both spouses leave the home and rent it out, using the proceeds as a marital asset to be negotiated

Help from a Seasoned Will County Family Attorney

In this uncertain time, you can count on a family attorney in Will County to guide you to the right decisions that will be the best for your family. Your attorney can advocate for you and your children when it comes to who lives in the family home and many other issues. If you are facing an impending divorce, the sooner you can schedule a consultation with an attorney, the better. You can reach Sabuco, Beck, Hansen & Massino, P.C via phone or use our online contact form.

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