Divorce:  Who Gets to Stay in the Family Home?

March 22, 2017
Allocation of the Marital Residence

If you’re in the midst of a divorce proceeding, you may be wondering who, if anyone will be able to stay in the home.  In Illinois, there are several different factors which determine who will be able to stay in the marital home, and throughout this difficult process it helps to be informed.  Keep in mind in some instances, the family home is sometimes sold and the couple splits the proceeds.  
Marital Property
One of the most important factors of determining who gets to stay in the family home is to determine who the rightful owner is, and if it is marital property.  Likewise, marital property is anything that was purchased or significantly developed throughout the course of the marriage.  Additionally, even if a home was purchased after the marriage, as long as the other spouse significantly helped with either repairs or the mortgage payments it is considered marital property. 
Factors to Consider
When the court is trying to decide which spouse gets to remain in the family home, one of the most prominent factors is which party has primary custody of the children.  Furthermore, if the court finds that the children’s best interest is to remain in the family home due to schooling, community, etc. the primary custodial parent may be awarded the property.  On the other hand, this award may only be temporary at which time the house will be sold when the youngest child turns 18. 
Even if one parent is awarded the family home, he or she may be ordered to buy out the other party.  Likewise, the higher-earning spouse may be required to continue to pay the home’s insurance and mortgage payments as well depending upon the circumstances. 
If you are seeking a divorce, the experienced Edwardsville family law attorney, Deborah Besserman can help.  Deborah understands that caring and compassion for each case equals favorable results.  Please contact Besserman Law Office today for a consultation regarding your potential divorce.  

Leave a Reply

Your email address will not be published. Required fields are marked *

Contact Us

ATTORNEY ADVERTISING DISCLAIMER: The Besserman Law Office has provided the materials on this website for informational purposes only, and does not constitute legal advice. The use of this site does not create an attorney-client relationship. Additionally, e-mail or other communication with our attorneys through this site should not be considered confidential or privileged. As each case and set of facts is unique, this website is not intended to be a substitute for specific legal advice from a qualified legal professional. Also, although this site discusses injuries and medical issues, it does not intend to offer medical advice. Any questions as to the treatment of your injuries must be directed to a licensed physician. Not every client obtains a monetary recovery, and the recovery in each case depends on the particular facts and circumstances. Recovery cannot be guaranteed. Neither the Supreme Court of Illinois or Supreme Court of Missouri nor The Illinois Bar or Missouri Bar reviews or approves certifying organizations or specialist designations. The choice of a lawyer is an important decision and should not be based solely upon advertisements. This is Attorney Advertising. This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results afford no guarantee of future results. Every case is different and must be judged on its own merits. Co-counsel may be used, or referral made depending upon the nature of the injury and the jurisdiction. Call Besserman Law Office at (618) 656-2122 for your legal consultation or save time with our online contact form.
envelope Call Now!