How to Address Ownership of the Family Home During a Divorce   

 Posted on March 25, 2022 in Divorce

Many difficult decisions are made during a divorce, one of which is choosing who will remain in the family home. Like many other legal questions, the answer to who gets the house relies heavily on a divorce's unique circumstances. Spouses must consider many factors to decide who will remain in the home, including addressing legal ownership, how much money each spouse makes individually, and if there are children or pets involved. With the help of experienced legal counsel, spouses can take a few steps during their divorce to address ownership of the home. 

Negotiation and Mediation 

The first way to address who will retain residence in the shared family home is through communicating directly. An open line of communication between both partners is advantageous. However, the dissolution of a relationship can cause tension between spouses, leading to a contested divorce. If both spouses can not agree on a decision as to who will remain in the home, there is a legal tool known as mediation that can help assist the situation. Mediation is where a neutral third party joins the conversation between the spouses to help negotiate. A mediator might help a couple decide by considering:

 Which spouse has the majority of parenting time or custody with the children

• If there are pets that must remain in the home

• The advantages and disadvantages of various options

Mediation is a helpful tool to use if two spouses cannot agree on their own. However, there are times when mediation tactics are not successful. 

In some cases, an individual has an option to file for exclusive possession of the home during divorce proceedings. In Illinois, exceptional circumstances can allow a spouse to evict their partner from the home.  

If the home is joint marital property, and the spouses can not agree through mediation as to who will remain in the home, the case may be resolved through litigation. It is in a spouse's best interest to hire an attorney who can help advocate on their behalf in court. 

Speak to a Naperville, Illinois, Family and Divorce Lawyer

If you are currently addressing who will remain living in your family's home during a divorce, the Law Office of Ronald L. Hendrix, P.C. may be able to assist you. Our Naperville, Illinois, family and divorce attorneys have the experience in mediation and litigation to help couples reach an agreement that is best for all family members. Please reach out to us by calling 630-355-7776 to schedule a free consultation. 

Source:

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&ChapterID=59&SeqStart=6000000&SeqEnd=8300000