Four Things to Consider if You Want the Family Home in a Divorce 

 Posted on December 10, 2021 in Division of Property

Divorcing spouses in Illinois must equitably divide all marital property. Although in theory, this sounds straightforward, in practice, it can become quite complicated. Marital assets are often complex and expensive, and most couples rarely completely own their most valuable asset: The marital home.

Deciding how to handle the marital home can be a point of major dispute. Should spouses sell the home and split the proceeds? Should children be forced to move through no fault of their own? Is it even possible for one spouse to keep the home on their own? All of these are important questions that should be asked and answered. If you are getting divorced and think you may want to negotiate ownership of your marital home, here are four things to consider.

Can You Buy Out Your Spouse’s Value?

If a couple owns their home together, one spouse may be willing to “buy out” the other spouse’s value by giving up their fair share of other marital assets like savings and retirement accounts, vehicles, and more. Spouses may also pay a cash lump sum or give up future spousal support to buy their spouse’s equity in the house. However, this strategy has its risks; giving up savings or other assets to buy a house may leave the homeowner with very little to fall back on in an emergency.

How Would Moving Affect the Children?

The primary reason people want to keep the marital home is to provide children with stability in an otherwise tumultuous time. Moving is hard on young children, who are often deeply rooted not only in their home but in their community and school. That being said, children are resilient and capable of weathering change with love and support from their parents. As a parent, you ultimately know best whether moving would make sense for your family.

Can You Afford It By Yourself?

Homes are expensive. Homeowners are responsible for property taxes, insurance, and repairs, and the cost of homeownership can cost thousands of dollars every year on top of monthly mortgage payments. Even if you can negotiate for exclusive ownership of the home, you should seriously think about whether you can sustain the expenses on your own. Although moving may be difficult for children, falling behind on mortgage payments and having your house repossessed would certainly be worse.

Do You Really Want It?

The reasons spouses may want to keep the marital home are sometimes not very practical. If one spouse loves the home, the other spouse may want to keep it just to make a point. Others may feel they are entitled to the home because they will have the majority of the parenting time, but do not want to manage the expense and upkeep themselves. Before negotiating for the marital home, you should make sure that you are acting in your own best interests.

Meet with an Aurora, IL Marital Asset Division Lawyer

Deciding whether to pursue exclusive ownership of your marital home is a serious decision that has costs and benefits. If you are getting divorced and have questions about what will happen to your home, speak with an experienced Kane County marital asset division attorney with the The Law Office of Matthew M. Williams, P.C.. We have helped many divorcing spouses work through asset division issues and we may be able to help you, too. Contact our Aurora office today at 630-409-8184 to schedule a confidential consultation.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=075000050HPt%2E+V&ActID=2086&ChapterID=59&SeqStart=6200000&SeqEnd=8675000