Will I lose my home?
Clients anticipating or going through divorce are often concerned whether they will lose their home. Sometimes, clients are unsure whether they want or even can keep their home. The family home is a sacred place for many, filled with memories – some good, some bad – made by the family over time and it can be emotionally overwhelming to process not only the loss of the marriage, but also the potential loss of the comfort and stability that the home may represent. Perhaps there are children involved who have only ever known this house as their home – this strong emotional tie can make it even harder to consider parting with the home.
Whether you will be able to keep your home depends on a number of factors, primarily financial in nature. Some relevant questions to explore include:
- Would you be able to make the mortgage payment on your income alone?
- Would you be able to make the mortgage payment with your income plus child and/or spousal support?
- Would you be able to qualify to timely refinance the mortgage into your name without the help of your spouse?
- Would you be able to buy your spouse out of their share of the equity in the house on your own or with the help of relatives or a new partner?
- Would the equity in the house be split equally or does one or both spouses have a claim to more due to separate property contributions to the acquisition of the house?
- Do you WANT to keep this house with all its memories, or do you want a fresh start somewhere else? Does your spouse want to keep the house?
- What is the rent for a comparable property in your area compared to the monthly mortgage payment?
- Will you have enough funds to make necessary repairs to the home that may be coming due, if you were to keep the house?
There are many facets of the question of whether you would be able to, or should, retain your home in a divorce to explore.
I have helped many clients make the best decision for them.
Do you need help evaluating whether you should or can keep your home?
I can help you explore the personal side of this decision and craft a list of legal questions to ask your family law attorney so you can make a fully informed and thoughtful decision on this very important aspect of your family transition.