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Should you try to keep your home when divorcing?

On Behalf of | Sep 10, 2020 | Divorce, Property/Debt Division |

One of the most significant decisions to make when divorcing is where you will live afterward. Many a couple have fought long and hard over who keeps the family home. It may be the most valuable joint asset you have and seem an essential thing over which to fight.

Yet, it is vital to remember that your home is just one of many assets to be split in a divorce. Indiana law requires all marital property to be divided equitably in a divorce. If your spouse takes the family home, you should receive other assets to arrive at what a court determines is your fair share of joint property.

There are pros and cons to keeping the family home. Here are some things to consider:

  • Investment: You may have put a lot of time and effort into designing and furnishing the property. Perhaps you built up a bountiful vegetable garden from bare earth. However, if your spouse styled the property to their taste, moving out may give you a chance to create the home that you always wanted.
  • Location: Perhaps your home is ideally located for school, work, or the local stores. Or maybe this is the ideal time to seek an area with more to offer you. Remember, your needs may have changed. If your children have grown up, there is no longer a need to live close to a school.
  • Community: Who lives on either side of your fence can make a huge difference. If you get on well with your neighbors, this may be a reason to stay. Alternatively, if they think you are at fault for the divorce, you may want to move away from them.
  • Memories: A home can be a constant reminder of the past. Seeing the treehouse your kids built can bring back happy memories. Having to walk past the bedroom where your spouse cheated with your sister may have the opposite effect.

Only you can decide if you would like to stay in the family home or not. Seek help from a family law attorney to see how your decision would fit into the broader picture of property division when you divorce.



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