What Keeping the Marital Home Means for Your Divorce

 Posted on April 29, 2025 in Property Division

In the midst of a divorce, you may have strong feelings about keeping the marital home you once shared with your spouse. Securing the marital home is possible with skilled negotiation, and can provide a source of long-term security and comfort. However, you should keep in mind that retaining ownership of your house comes with numerous considerations and possible drawbacks. An Illinois family law attorney can advise you of your options and help you pursue an ideal outcome. At Law Offices of Tedone and Morton, P.C., our experience in and outside the courtroom helps us support our clients by engaging in aggressive negotiation.

Keeping the Marital Home Affects Property Division

Often, keeping the marital home comes with strings attached. This is true whether you settle out of court or take the issue to a judge. If you want to keep your marital home, you may have to make some concessions to compensate your spouse. This could mean surrendering other assets, like a greater portion of your shared bank account.

Illinois is an equitable distribution state when it comes to splitting up property. As such, the courts try to reach a solution that is fair to both parties – without regard for marital misconduct. The courts may consider whether you owned the house prior to the marriage, who invested more money in the house, and how long the marriage lasted, among other factors. If you are granted the house, you could also be ordered to pay alimony to offset the loss to your spouse.

You May Have to Refinance Your Mortgage

If your spouse’s name is on the title of your mortgage, you will likely have to refinance the mortgage to remove that name from the loan. This process is sometimes easier said than done. Depending on your financial situation, the lender might not agree to refinance the mortgage due to perceived risk.

You should also consider whether keeping your current home is realistic post-divorce. If you were relying on a joint income to pay off your bills, you may be better off selling the home and keeping the proceeds for a new residence. At Law Offices of Tedone and Morton, P.C., we can review your situation, make sure that you know what to expect, and help you make informed decisions that suit your interests and needs.

Child Custody Can Impact Ownership of the Marital Home

If you have children, you should know that custody can play a role in negotiations for the marital home. For example, the home might hold sentimental value for the children, and close proximity to family, friends, and school are important details. As such, the parent with majority custody over the child may receive greater consideration for the house. At Law Offices of Tedone and Morton, P.C., we can help you navigate decisions involving the marital home.

Schedule a Free Consultation with a Plainfield, IL Divorce Lawyer Today

Are you concerned about the division of your home in your divorce? Our Will County, IL family law attorneys are here to help. Contact Law Offices of Tedone and Morton, P.C. at 815-666-1285 for a free consultation.