A Law Career

When To Fight For The Family Home

by Ruby Mckinney

If your marriage is ending, you might have a lot of questions about what you should be fighting for in court or mediation. Is it worth it to fight for your family home? Property, including the marital home, can be a major point in your divorce, especially if both of you felt like you put equal effort into paying for the house. On the other hand, you might learn that it simply is not worth your time and effort to fight for the house. In fact, it could even be detrimental.

Is fighting for the house in your best interest? Are there better options? Read on to find out.

When Should You Avoid Fighting?

In many cases, it is simply not a good idea to fight for your marital home.

One of the biggest reasons why you should not try to fight for your house is if keeping the home might be too expensive. Perhaps you were able to afford the home together with two incomes, but one income could make it difficult for you to maintain your home. When you consider the payments for insurance and taxes in addition to the mortgage, finances can become an even bigger issue. Don't forget about maintenance and upkeep of the home. Write down anticipated expenses to understand if keeping the house is really worth the money.

If you and your spouse are both on the mortgage, you likely need to refinance the home in order to take his or her name off of it. Refinancing your home is not always the most practical solution, which means that you might find yourself with more of a headache than you anticipated. In a case like this, it might be worth it to sell the home.

If there is dispute as to the value of the home, it might be a good idea to sell the home and split the value. You can get an appraisal, but that may provide only an estimate.

When Should You Fight?

In other cases, keeping the family home may be in your best interest. For instance, having children who live in the home can mean that one spouse prefers to allow the children to stay in the home. They may be more likely to allow one spouse to keep the home.

You might be able to fight for your home if you have sentimental value as well, but keep in mind that it may cost money to fight. Speak with your divorce attorney today to learn more about your options.