Should I fight for the family home in my divorce?

There are many significant decisions you’ll have to make as you go through your divorce, and property division addresses a lot of them. Deciding what to do with the family home can be especially challenging given that there are often emotions tied to it.

So, when it comes to whether you should fight for the family home, you have to carefully consider your set of circumstances and what you hope your post-divorce life will look like.

To adequately answer this question, you have to know your options. They include:

  • Giving up assets to secure the home: Given the value of the residence, you might have to give up large retirement accounts, vehicles, and/or other valuable property to secure the home. This might leave you in a tight financial spot since you’ll have to maintain the home on your own with fewer resources.
  • Give the home up for other assets: By taking this route, you might be able to secure additional financial resources while escaping the burdens of the marital home. Of course, if you are emotionally attached to the home, then you need to consider whether you are willing to part ways with it.
  • Continue to co-own the home: This might sound strange, but it could allow you to continue to build equity or utilize the home as an income property. Others choose to cycle in and out of the house while allowing the children to stay in the residence, which provides a sense of stability.
  • Sell the home: This is probably the most commonly utilized option. It provides a clean separation from your spouse while providing you with some money to start your new life. Of course, you will have to divide the proceeds equitably, which means you might have to fight over how to split any profits from the sale of the home.

Figuring out what to do with your marital home is just one of the many stressful issues you might have to face in your divorce. However, you can competently and confidently address these matters by knowing the law and crafting legal arguments that support your position.


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