Will I Be Able to Keep the Marital Home after my Divorce?

Divorce is one of the most stressful events you will ever do through in your life.

One of the aspects that makes it so challenging is moving.

On top of everything else (losing your spouse, your family breaking up, your stress about money), you may have to sell your home and move away from your friends and neighborhood.

How likely is it you’ll be able to keep the marital home after your divorce?

The answer is: not very likely.

In fact, about 95% of divorcing couples sells their home.

Why?

Simply put: money.

Most couples buy a home that’s too expensive for them as a couple (anything more than about 25% of your take-home pay is too expensive), which means it’s way too expensive for any one individually.

That and there’s the matter of equity. If you sell the home, you split the equity paid out from the home.

When you keep the home, you still need to pay out your spouse’s share of the equity, which means (almost 100% of the time) you have to take out a mortgage to finance that payout.

Financing your spouse’s payout by taking out a thirty-year-mortgage is a terrible financial decision, which is why people sell the home.

Now, if you have the means to keep the marital home (you have a very good salary, your family is willing to help you with money, etc.), then keeping the house is absolutely a possibility. It will take something extraordinary to make it possible, though.

Call Brown Family Law

If you find yourself facing a Utah divorce, please call 801.685.9999 for an in-person consultation, or use our online scheduling tool.

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Russell Yauney was my attorney at Brown Family Law. Throughout the process, Russell and his paralegal Conor, were extremely helpful and patient. They were highly responsive, thorough, and most importantly: did not make me feel insignificant or embarrassed for asking clarifying questions. Russell made himself available and whenever he wasn't, Conor was. The Friday Phone Calls were reliable and I knew I could expect an update each week. The firm's texting abilities also made it easy to send a quick question/concern if I ever needed it. Russell was a fantastic attorney and guide to have throughout my situation. I highly recommend this firm.
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