Are There Disadvantages to Keeping the House After a Divorce?

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Posted By | June 26, 2018 | Articles

Roseland, NJ Divorce Dividing Property Lawyer

There are an infinite number of reasons why a divorce can be difficult but the division of assets and property are certainly up there at the top for being the most stressful. The battle over who gets what when a married couple is no longer together is one that unfortunately many people have to have, but none may be bigger than who is the one to get the house. It would seem as though both parties might do anything to be the victor in this situation but that still leaves a very big question, are there any disadvantages to keeping the house after the divorce?

Home is Where the Heart is

Whether it is just the married couple or if a family is involved, the house that they live in certainly carries significant weight in the relationship. Whether it is the personal belongings inside, the work that went into it to make it their home, or even the memories, both good and bad, that were made inside, the simple truth is only one of the two former spouses will get the house after the divorce. Regardless of the reason, the fight to get the house will always be a giant one. Even if a person does not necessarily want to keep the house, the motivation to keep it away from the other party just to spite them is a very real emotion in divorce. These kinds of motivations, however, may not always lead to smartest decisions being made by either one of them.

What May Seem to Be the Main “Prize” Can Also Be a Big Headache

The simple truth is that being the one who keeps the house also means being the one that has to take all the responsibilities that come with it. Handling all the responsibilities that come with a house can be difficult enough when shared by two people, let alone when only one person has to absorb them. Of course, it can make sense to want to keep the house especially if children are involved, however tasks such as making mortgage payments on time and other upkeep such as the yard maintenance cannot fall by the waste side.

In addition, those late night plumbing mishaps will now be your sole responsibility, as well as replacing the water heater when it breaks and repairing the washer and dryer when they stop working. Even in a situation where the former spouse still lives in a part of the home, they may be under no obligation to help out with these sorts of things or be financially responsible for helping offset the cost. These are just some examples of the kind of details that one must think about before deciding that becoming the sole owner of the house is the best situation.

Do Not Make These Types of Decisions on Your Own; Schedule a Consultation with One of Our Attorneys

It is not always easy to think clearly when going through a stressful process like a divorce and there are several issues that may not even occur to you that are extremely important to be aware of. This is why you need a qualified attorney who will help you make the right choices and stand up for you in court.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.