The marital home is often one of the most significant assets in a divorce, both emotionally and financially. For many, keeping the home after a divorce is a priority, especially if children are involved. In Michigan, retaining the marital home can be complex, but with careful planning and understanding of the divorce laws, it is possible. Here’s what you need to know about how to keep the marital home during a divorce.

1. Assess Your Financial Situation

To keep the marital home, you must first determine whether you can afford it on your own. Consider your income, debt obligations, and expenses. You’ll need to qualify for a mortgage independently, which means demonstrating to the lender that you can meet the payments without relying on your spouse’s income. If the home is too expensive or your finances are unstable, it may be unrealistic to keep it.

2. Negotiate for the Home

During the divorce process, assets such as the marital home will need to be divided. If you want to keep the home, you’ll likely have to negotiate with your spouse. This may involve offering to take on more debt, relinquishing other assets (like retirement accounts or savings), or providing a larger share of the property division.

In Michigan, property is divided equitably (fairly, but not necessarily equally). If your spouse agrees to let you keep the home, the value of the home will typically need to be balanced with other assets to ensure fairness.

3. Consider Custody Arrangements

If children are involved, courts may view the marital home as an important factor in maintaining stability. A parent may be more likely to retain the home if it’s seen as beneficial for the children’s well-being, such as maintaining continuity in their schooling and neighborhood.

4. Consult a Family Law Attorney

To maximize your chances of keeping the home, consult a family law attorney. They can help you understand your rights, negotiate with your spouse, and ensure that your interests are protected during the divorce proceedings.

Conclusion

While keeping the marital home in a divorce can be challenging, it is possible with careful consideration of your finances, negotiation, and legal guidance. Prioritize what’s best for both you and your family as you move forward in the process.

At Richards Family Law, we understand that navigating divorce and child custody matters can be overwhelming and emotionally challenging. Our dedicated team of experienced attorneys is committed to providing you with the best legal advice tailored to your unique situation. We prioritize your family's well-being and work diligently to ensure your rights are protected throughout the process. From negotiating fair settlements to advocating for your children’s best interests, we are here to guide you every step of the way. Trust Richards Family Law to deliver compassionate support and expert legal representation as you move forward to a brighter future.