Should I Fight for the House in My Divorce or Let My Partner Have It?

 Posted on August 25, 2023 in Property Division

Deciding what to do with the family home is often one of the most difficult aspects of a divorce. It is important to know what key factors to consider when deciding whether to fight for the house or let your partner have it, providing you with the understanding you need to make an informed decision. If you are going through a divorce and are deciding whether to fight for the marital home, discuss the matter with your attorney before you make any lasting decisions. 

Economic Considerations 

Of course, financial considerations play a crucial role in determining whether to fight for the house. Consider things like the mortgage balance, property value, and ability to maintain the home independently. Assess whether you can afford the mortgage, taxes, insurance, and maintenance costs. With the assistance of your divorce attorney, consider consulting with a financial advisor to fully understand the potential impact and long-term financial responsibilities before reaching a decision. 

Emotional Bond 

In many divorces, both spouses have a deep emotional connection with the home. Whether staying in the house will help or hurt your healing process is worth considering. Divorce is a very emotional time. You do not want your judgment to become clouded simply because you have an emotional attachment to the home. Sometimes, it may be better for your emotional well-being and that of your children if you start fresh in a new place without the memories and associations tied to the marital home. 

Custody and Stability 

What to do about the marital home becomes even more important when getting a divorce with young children involved. Stability and maintaining a familiar environment are essential for children and their development. Analyze the home's location and its impact on school district boundaries, proximity to family, and other important support factors. If preserving a stable living situation for your children is of utmost importance, it may be beneficial to fight for the house. However, always consider the child's best interests when making any decisions that may affect them.

Think About Compromise

Negotiation and compromise are pivotal in reaching a fair resolution in many divorces. Consider the possibility of reaching a compromise with your partner. Perhaps they are willing to let go of their claim to the house in exchange for a different asset of value. Mediation may help facilitate meaningful discussions and find mutually acceptable solutions. It may be worth exploring if a win-win outcome can be achieved while considering your needs and desires.

Contact a DuPage County Divorce Lawyer 

For legal guidance during this important time, contact the distinguished Wheaton divorce attorneys with The Stogsdill Law Firm, P.C.. Call 630-462-9500 for a private consultation. 

Source - https://www.ilga.gov/legislation/ilcs/documents/075000050k503.htm