I'm Getting Divorced and I Want the House!

Keep the House at All Costs!

Family law attorneys are often told to “fight for the house!” Thousands of dollars may be spent on fighting for an asset that may result in a financial liability. Is this really the best course of action for you?

Emotional ties to the marital home are often strong. Parents may worry that moving children into a new home will be detrimental, especially during the emotional strain of a divorce.

However, determining if you will remain in the marital home must be a financial decision and not an emotion decision. Can you afford the rent or mortgage? Calculate the associated costs, including insurance, maintenance and upkeep, utility bills and the like. Those day-to-day costs will not change. Will you be able to afford the house when alimony and/or child support ends? What will your financial situation look like in one year? Five years?

If retaining the marital home does not make financial or practical sense, and if you will not be able to afford the ongoing cost without financial strain, it may make sense to thoughtfully examine other options. It is imperative that prior to moving out of the residence, seek legal advice.