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Ownership of the Marital Home During Divorce: 5 Questions to Ask Yourself

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Will County Divorce LawyerIn Illinois, both spouses have a right to a fair share of any property considered marital property. In most cases, the marital home is considered marital property. It can be difficult to know what to do with your house or condo during divorce. Should you fight to keep the home in order to retain some sense of normalcy? Should you sell the home and use the proceeds to benefit your post-divorce life? Should one spouse buy out the other spouse’s share of the home? If you are unsure of what to do with the marital home during your divorce, ask yourself the following questions.

What is My Home Worth?

If you are getting divorced and you are unsure of how to address the marital home, the first step is to get the home professionally appraised. You cannot make a sound decision about what to do until you know what the home is worth.

Can I Afford to Keep the Home?

Once you know what your home is worth, you can start to consider what it would cost to maintain the home. Can you afford to maintain the house and yard? What about the property taxes, HOA fees, and insurance? Does the home have roof damage or other problems that will need to be repaired in the next several years?

Do We Have Substantial Debts?

Many debts are considered marital debts jointly held by both spouses. Dividing debt during a divorce can be tricky because creditors do not necessarily stop pursuing payment just because a person gets divorced. Many people find that it is better to sell assets such as the marital home during divorce and use the proceeds to pay off debt than try to divide the debt between the spouses.

What is Best for the Children?

If you have kids, you will need to consider how ownership of the marital home will affect them, too. If you are planning to have the majority of the parenting time, you may want to keep the home so your children will not have to change schools or adjust to a new neighborhood.

Do I Want a Fresh Start or Familiarity?  

Some people can afford to keep the marital home but decide not to for personal reasons. It can be hard to live alone in a house you used to share with your ex-spouse. Only you can know whether a fresh start in a new home would be in your best interests.

Contact a Joliet Property Division Lawyer

If you are getting divorced, the Plainfield, IL divorce attorneys at the Law Offices of Tedone and Morton, P.C. can help. Our skilled team can help you evaluate the pros and cons of keeping the marital home and explore your options. Call us today at 815-666-1285 for a free consultation.



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