Not a lot of people are confident enough — or remotely able — to discuss the material considerations relevant to the family home in a divorce.
Your attorney is, especially if that professional commands a background marked by proven performance assisting a diverse clientele with dissolution-related property division concerns.
If you are getting divorce and own a house, notes a recent U.S. News & World Report article, “somebody is going to move out of it, and you’re going to have to decide whether to sell it — or not.”
For some individuals, that decision is quickly and easily made.
For others, though, questions can quickly pop up, and they can be thorny.
If I pull the decision trigger now, am I doing so based more on emotion rather than on due reflection of what is financially best for my future?
If there are kids: Can we just sell and relocate, or is it in their best interests to remain in the family home, at least for a little while longer?
Will I be best served by a roof over my head or by an infusion of cash that better enables me to search out new prospects?
There are tax considerations, too, as well as the fact that some people rue down the line their status as “cash rich, house poor” occupants. Homeowners also have maintenance upkeep concerns, property taxes to pay and additional financial encumbrances.
That being said, there are obviously flat positives related to keeping the home in lieu of some other assets for many divorcing parties — again, especially if a divorcing couple has kids.
A divorcing party with questions or concerns regarding a house might reasonably want to have a candid and confidential discussion with an established asset-division attorney prior to implementing any decision.
The family home is a big deal. Eliciting professional legal advice on a keep-or-sell decision might ultimately make for a smart move in both a figurative and literal sense.