Who Gets the House in Divorce?

Lund Bennett Family Law - Cheshire and Manchester

During a divorce, there is often quite a bit of controversy over the marital home. The family home is sometimes the most valuable asset in a divorce. In addition to the purely financial aspects of the home, leaving or selling the family residence can by very emotional, especially when children are involved.

If you Want to Keep the House, Make Sure you Have Good Reasons

If you’re going through a divorce, and you want to keep the family home, there may be good reasons to stand your ground. Because selling or keeping a home after divorce can be a major, life-changing event, it’s important to know that your reasons are sound, and that keeping the home will be in your best financial interests.

The kids. School-aged children may be traumatized by a divorce, and being forced to move can compound their emotional distress. If you’re worried about this and aren’t sure what’s best for your family, consider speaking with a child psychologist or family therapist that who can help you figure it out.

Emotional attachment. It’s often a very emotional decision whether to keep the family home; and although emotional attachment is not necessarily a “good” reason, it’s an understandable one. Many spouses become attached to their home because, for example, they’ve put lots of work into building their dream home, and it holds many great memories, or because their home has been in one spouse’s family for many generations.

There of lots of great reasons to try and keep the family home, but there are also some not-so-good reasons: spite, control, vindication, and greed. Don’t let the emotional aspects of a divorce cloud your otherwise sound judgment. While it’s easy to see why it might be hard to leave, you also need to consider what’s actually best for you in the long run.

Try to Work it out With Your Spouse

Many times spouses are able to agree how to divide property. It’s usually in your best interest to work it out directly with your spouse because this allows both of you to have at least some control over your destiny and also allows you to avoid the costs and emotional stress involved in going to court. Moreover, you probably don’t want a stranger in a black robe (the judge) making these tough decisions for you. Ideally, the decision regarding the family home should be based on mutual agreement, without court intervention.