When facing a divorce, one major question that often comes up is the fate of the family home. Some people may wish to stay in their home, while others might want a fresh start elsewhere. There are several factors that play a crucial role in the ruling of how the home is divided.

Determining Your Desires

First, during your initial consultation, we ask what your goals are for the house and how much equity there is. Whether you envision remaining in the house or relocating, it is important to think about the financial feasibility of each situation. Some key things to consider are your ability to afford the property independently or if spousal support is necessary. Additionally, the comfort and preferences of any children involved in the divorce play a pivotal role in shaping the final decision.

The Location of Your House Matters

Second, the location of your new residence is a significant factor, especially when thinking of child custody arrangements. Courts often consider the proximity to the children’s schools and their comfort in the existing environment. The judge typically heavily considers which scenario with the residence aligns with the children’s best interests when determining what happens to the house during a divorce case.

Affordability and Financial Implications

Additionally, affordability is another critical aspect that can influence the court’s decision. If staying in the home is financially challenging, the court will need to address how the costs can be covered. This may lead to discussions on selling the property and dividing the proceeds. Decisions regarding when to list the house for sale, whether during or after the divorce, are essential considerations that will impact the process.

Maintaining Outstanding Debts

The court will also scrutinize the responsibility for maintaining any outstanding debts on the property. Your attorney will put together a clear outline for the judge of which spouse will bear these responsibilities. This outline, along with your answers in court, will shape the final decision on what happens with your house during your divorce.

Navigating the Court’s Decision of What Happens to Your House

Ultimately, the judge will consider many factors to determine what happens to your house during a divorce case. This includes your desires, the well-being of any children, financial feasibility, and debt maintenance. If you find yourself worrying about your particular situation and the fate of your home during a divorce, don’t hesitate to reach out to our office. We understand the complexities involved and are more than willing to assist you in navigating the legal landscape. Our goal is to win the best possible outcome for you and your family.