Getting Possession of Your Home After a Divorce

One of the largest assets that a married couple can have is a home, which becomes an issue during divorce. Who will keep the home? Will you sell it and split the profit? If you want to retain possession of your home after a divorce, you will have to make it clear from the beginning.

The first thing that should be considered when deciding who will take possession of your home after a divorce is the children if you have any. The parent who retains custody of your children should probably remain in the home to minimize trauma. Children whose parents are divorcing do not need to add moving to their list of things to worry about. However, do not allow your children to become pawns in the battle for possession of your home.

The next thing to consider, of course, is money. The mortgage payments on your house will be covered by the person who retains possession of it. If you can afford the mortgage payments, then you'll have a better chance of getting possession of your home after divorce. If, however, neither of you can afford the mortgage payments, you might be forced to sell and purchase separate, smaller residences.

Now, money and children aside, there are several ways that you can improve your chances of retaining possession of your home after a divorce. First, don't move out of the home. Even though you don't want to live with your spouse after you've decided to separate, you shouldn't leave under any circumstances. Once you've left the premises, your spouse will have grounds to take possession of your home. Instead, try and get your spouse to move out, which will greatly improve your chances.

You should also realize that your home is probably the largest of all your assets. If you are granted possession of your home, you will likely have to give up several other things to balance it out. Before you even enter a courtroom or mediation, make a list of the things you are willing to do without. That way, you and your attorney can approach the subject with something to offer.

You will need to consider second homes, as well. For example, if you have a vacation house on the beach, are you willing to let your spouse have it in exchange for your primary residence? Despite the anger, resentment and bitterness, you will have to be willing to compromise in order to get possession of your home after a divorce.

If you have a home-based business, this can give you even further leverage. Home businesses can be difficult to move, especially if clients come to the home for meetings and/or consultations. Bring this issue up in court or mediation as a bargaining chip. This won't work if both you and your spouse work from home, but it can still be used to your advantage.