Photo of the legal professionals at Harry Lewis Co., LPA
Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area
For More Than 40 Years

Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area For More Than 40 Years

Do you want to stay in your family home after divorce?

On Behalf of | Nov 15, 2019 | Divorce, Property Division |

Divorce can and will alter your life in many ways, such as where you live and how you pay for housing.

As you prepare for divorce, it’s important to learn more about the circumstances surrounding your family home, as doing so will help you decide if you want to stay put.

While not always the case, the marital home has the potential to be a giant sticking point during divorce proceedings. This is typically the case if both individuals want to stay in the home.

If you want to keep the house, it’s critical to have good reasons for doing so. Your comfort zone and getting back at your spouse don’t fit into this category, but here are some reasons that do:

  • It makes sense financially: For example, if the mortgage is paid off and your living expenses are less than they would be elsewhere, you may want to fight to stay in your home. This is particularly true if you’re able to give your ex other assets to make up for you receiving the family house.
  • You have an attachment to the house: Maybe you raised your children in the house. Or maybe it’s the house that you grew up in. An emotional attachment is reason enough to want to stay put, as long as it makes sense financially.
  • You have children: Divorce will turn your children’s lives upside down. Taking them away from their house will only make things worse, as it forces them to make yet another adjustment. Furthermore, if you move with your children, they may have to attend a new school.

The most important thing to remember is this: If you’re going to fight your spouse over the family house, make sure you’re in financial position to pay for it yourself. You don’t want to learn in the near future that you need to sell the house to make ends meet.

In some cases, such as in mediation, you may be able to work through this sticking point with your spouse. They may agree for you to stay in the family house, as long as they receive other assets of similar value.

Regardless of how you want to approach your family house in divorce, make sure you understand Ohio marital property laws, your legal rights and the steps you’ll take to protect them.