Can you keep your home during divorce?

Posted by Zachary A. VanDykeDec 04, 20200 Comments

Your spouse asks for a divorce, and you know that life is going to change. However, even more than losing your partner, you dread the thought of losing your home. You knew the marriage wasn't working, but you love where you live. Can you keep your home?

You don't have to sell

Many couples sell their homes because it's simple. They can just divide the money they earn and go about their business. But don't assume that this is mandatory just because it's common. You do not have to sell. 

The biggest questions are financial. First and foremost, your ex probably still wants the money they would have gotten in a sale. You may have to buy them out directly or give them other marital assets to balance things out. The asset division process still happens, even if only one of you gets the house. 

The second question is whether you can get a personal mortgage if you don't already own the home outright. This can be harder to do as an individual with one income than as a couple with two incomes. The odds are high that your ex will not want to stay on the mortgage with you, even if you promise to make all of the payments, so you have to get your own loan and transfer the house into your name. 

Divorce gives you options

As you can see, divorce actually gives you a lot of different options. As you get the process started, it's important to consider them all carefully and decide what steps you want to take.