In Divorce Who Gets the House?

 Posted on April 07, 2014 in Uncategorized

If you are in the middle of a divorce, and want to keep your family home, there might be great reasons to fight for it. Because keeping a home or selling it after divorce may be a huge, life-changing event, it is vital that you know your reasons are sound, and that keeping your house is going to be in your best financial interest.

The children: School-aged kids might be traumatized by your divorce, and having to move might add to their emotional distress. If you are concerned about this and are not certain what is best for the family, consider talking to a family therapist or child psychologist who is able to assist you in figuring it out.

Emotional attachment: It is oftentimes an extremely emotional decision whether you should keep your family home; and even though emotional attachment isn’t necessarily a ‘great’ reason, it is an understandable one. Most spouses will become attached to their house because, for instance, they have put a lot of work into constructing their dream home, and it will hold many good memories, or because their house has been within one spouse’s family for generations.

There of a lot of good reasons to attempt to keep your family home, yet there also are a few not-so-good reasons: greed, vindication, control, and spite. Do not allow the emotional elements of a divorce to cloud your otherwise good judgment. As it is simple to see why it may be difficult to leave, you additionally must consider what actually is best for you in the long term.

If fighting to keep the house, be certain you can afford it

These days, families must balance their desires and wants against the occasional difficult financial realities of life following divorce. Not every family has the ability to sustain the same lifestyle they once had before divorce.

As it’d be great to stay where you are comfortable and avoid the troubles of moving, remaining may not be the ideal financial determination. No matter how attached to the house you are, it is important that you have a realistic sense of whether it’s possible to afford it. If you give everything else up to keep your house, then discover that you cannot afford the maintenance, property taxes, and mortgage, you might end up in severe financial trouble.

It might be smart to employ a financial advisor, or speak with somebody who understands financial planning, to assist you in determining whether, after your divorce, you will have the ability to afford the costs of the house and still cover your additional financial needs (like retirement savings).

It is best to talk to an experienced Illinois family law attorney in order for you to ensure you are protecting your legal rights, as you respect those of your partner: if you violate your partner’s rights within a divorce, perhaps by selling your home without permission, the judge might order a fine or more serious penalties against you.

If you have further questions about the Illinois divorce process, contact us today at our Illinois divorce attorney office at (312) 884-1222 or fill out our easy contact form for a free consultation.

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