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Who gets the family home in a divorce?

On Behalf of | Jul 20, 2021 | Divorce |

When you spend years working to pay for your family home, you are right to worry about what happens to it when you divorce. Sadly, its importance can also make conflict likely.

First, you need to work out who gets access to the home while processing your divorce. If you and your spouse can continue to share the house a little longer, it will save the expense of extra accommodation. Yet, this is not always easy. In that case, one of you could move out.

If you have children, the issue takes on additional importance. Allowing them to stay where they are can provide them with stability during a difficult time. If you and your spouse cannot stand to live together a moment longer, you could take turns to stay in the house with the children. Many refer to this as nesting.

Keeping the house is not always the best option

Second, you need to decide what will happen to the property once you divorce. Sometimes it may be best to let it go. Here are a few things to consider:

  • Do you want to still live in a property you shared? The family home may feel too large if your kids have grown up and moved out, which is a common situation in a gray divorce. Or it may act as a permanent reminder of the past.
  • What will it cost to stay? If you want to remain, you need to make sure you can afford the mortgage and upkeep on one salary.
  • What will your spouse want in exchange: If you keep the family home, you will have to cede ground to your spouse in other areas. A court would be less interested in the sentimental value of the property and more interested in its financial worth.

Understanding Ohio state laws that govern property division is crucial to deciding what to do with your family home in a divorce.