Should I fight to keep the house in the divorce?

On Behalf of | May 26, 2023 | family law |

Divorce is never easy and can be further challenging when significant assets like a house are involved. Deciding whether to fight for the family home can be a tough decision. There are several factors to consider, including the emotional attachment to the home, financial considerations and the potential impact on any children involved.

The truth is, a family home is one of the most significant assets a couple may own. So naturally, deciding whether to fight for it can be challenging and overwhelming. This article outlines your options to help you make an informed decision.

How attached are you? 

One of the primary reasons couples fight to keep the house during divorce is their emotional attachment to the home. Many people associate their home with happy memories; letting go of that emotional connection can be challenging. However, it’s essential to consider whether that emotional attachment is worth the financial and legal costs of fighting for the house.

Fighting for the house in a divorce can be expensive, and legal fees can quickly pile up. Suppose the case goes to court, you may need to pay for expert witnesses, court fees and other expenses. Another financial consideration is the cost of maintaining the property. Even if you can afford to buy out your spouse’s share of the house, you will need to pay for the mortgage, property taxes, insurance and maintenance costs on your own. 

Will the children be better off? 

Another factor to consider when deciding whether to fight for the house in the divorce is its impact on any children involved. If you have children, it’s essential to consider their needs and how the divorce will affect them. Children may feel more stable and secure if they can stay in the family home, but it’s also important to consider whether you can afford to keep the house on your own.

Ultimately, the decision to fight for the family home is yours. And remember, each divorce is different, so just because someone you know fought for their family home does not mean you should follow in their footsteps. It’s advisable to take your time to arrive at the best decision for you and the kids. Having legal guidance behind you will give you a better idea of your options. 


FindLaw Network
Avvo Rating | Superb | Top attorney Family
Avvo Rating | 10.0 Superb | Top Attorney
Super Lawyers | Rising Stars
The National Trial Lawyers | Top 40 Under 40
BV | LexisNexis | Martindale-Hubbell | Distinguished | For Ethical Standards and Legal Ability

Tell Us How We Can Help You