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Divorce – Who Is Going To Keep The House?

icon1 Posted by DivorceLine in Divorce Articles, Divorce Recovery on 02 13th, 2026 | 2 responses

Usually in a divorce, the couple that is divorcing needs to make the decision about who is going to keep the house.  They need to work this out on their own or make sure that the courts address it. You have to make the decision about what will be done with the property. There are many different options and it is important to make sure that the decision is best for everyone involved.

In a divorce it is usually determined what is going to be done with the house.  You can either sell it and split the profits between the two people that are getting divorced if they own it, one person can offer to let the other one have it, or the other party will buy out the ex spouse.  It will depend on how the divorce is settled to determine this decision.  It is always better when things are worked out easily, but sometimes this is not possible and the couple will have to seek the help from an attorney or court system.

If you are the one that is ready to take on the challenge of keeping the home, you will want to make sure of a few things first. You will want to be certain that you can take on the mortgage payments.  You will have to decide if this is a payment that you can afford each month.  You must make sure that you have thought about your income now that you are divorced and what you will be able to afford. 

You will also want to think about the fact if you really do want the house or not. You have to want the house because it is where you want to stay and not just be the winner of the house to spite the other person.  You have to get through these feelings and then determine if this is where you want to stay and rebuild your life after the divorce. 

Sometimes it is better for the couples to decide if they should sell the house or not.  It is important to think about the financial security that you have in time and think about what you can afford to loose and gain in the situation.  Do you really want to start your new life over in a house that you once shared with your ex?  Is this the house that you grew up in and want to keep it for sentimental value, or do you want to make sure that your children are raised in the home that they know and love?  These are a few of things that sometimes people need to think about and have the right answers for when it comes time to decide what to do with the house.

If you are the one to be leaving the house after a divorce, you will want to see how it will affect your credit.  If your name is on the mortgage to the house, and your ex spouse does not pay, you will be responsible for the loan and your credit may suffer because of it.  The lender wants their money no matter if you are living in the home or not.  If you own money on the home it may also make it hard for you to go out and purchase your own home later on because of the outstanding balance on this one. 

It will be important for you to either make arrangements with the ex that they are going to be faithful in paying the mortgage or have this documented in the divorce or you may just want to have them get your name off of the mortgage.  This may require them to refinance the home in their name only so that you are not longer financially linked to the home.  This is something that you will have to think about and make sure that you have everything set before the divorce is final.  You want to protect yourself as well as keep things settled and peaceful with your ex.

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2 Responses to “Divorce – Who Is Going To Keep The House?”

  1. Hans Nose says:
    August 10, 2011 at 1:05 pm

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