How to Decide Whether to Keep the House for the Children

1 April 2021
 Categories: Law, Blog


When going through a divorce, you might want to keep the home for the sake of your children. However, there are some cases where a family law attorney might advise against this, and trying to keep your home might actually be bad for you and your children.

Why You Might Want to Keep Your Home

Moving into a new home with your children can be difficult because your kids will be in a different environment and it doesn't matter what age your children are. However, you can make a transition into a new home more quickly if you are not battling with your ex over who gets the house. An attorney can help you understand the legal implications of choosing or not choosing to keep your home.

Relocation After a Divorce

Your attorney can inform you about the laws regarding relocation after a divorce. For example, when you are relocating, you will likely need to inform the other parent about your decision to relocate. However, this might not be a requirement in some states if you do not intend to move out of the state. 

The Cost of Keeping the Home

Oftentimes, your home is your most valuable asset and there is too much you will be forced to give up while dividing your marital assets. You may need to reimburse your ex for their equity in the house. However, you may be able to pay your ex for their equity in the home by refinancing it.

Fortunately, meeting with a family law attorney and a real estate agent can allow you to have a better sense of what your finances will look like if you choose to keep your home. 

Custody of Your Children

If you are struggling to gain custody of your children, maintaining a stable home will increase the odds that you will win custody. For example, if your ex will be able to provide a more stable home and you will only be able to do so if you possess the family home, this should be factored into your decision.

A Family Lawyer Can Help

To maximize the amount of money you receive when dividing marital assets, you'll need to make sure that your partner is not hiding money or engaged in fraud. If a family lawyer can uncover evidence, the courts may choose to punish your ex and distribute marital assets in a way that is more in your favor.