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Divorce: Why it Matters Who Gets the House

Posted on in Divorce

In the early stages of a divorce there is often a lot of positioning to see who will be awarded the marital residence. However, the fight regarding who gets the house is about much more than just the house itself. Possession of the house is also linked to almost every other area of the divorce.

Areas of Conflict in a Divorce

In most divorces there are three main areas of conflict:

  • Division of property;
  • Allocation of parental responsibilities (custody); and
  • Support.

Often, the decisions about the division of the marital property, allocation of parental responsibilities, child support, and spousal maintenance are thought of as separate. However, they are all connected. For example, when a judge decides if spousal maintenance is appropriate in a case, he or she will also look to see if child support has been awarded, how the marital property has been divided, and where the children live, among other factors. Similarly, when the court awards possession of the primary residence a variety of factors are in play.

Temporary Possession

When children are involved in a divorce, a judge's primary concern is making decisions that are in the best interests of the children. If the parties are separated and one lives in the primary residence with the children, the judge is overwhelmingly likely to award that spouse temporary possession of the home early on in the divorce. This is done to preserve the routine of the children. The spouse who lives with the children in the home is likely to have both arrangements continue after the divorce is over.

In cases where the spouses are both living in the house when the divorce is filed, the one who eventually prevails in the fight to get temporary possession of the house will also likely be the one who lives with the children most of the time. This leaves the other spouse paying child support, and possibly spousal maintenance, depending on the circumstances.

A divorce case has many twists and turns. There are many instances when winning temporary possession of the home does not turn into a permanent decision. However, there is a strong link between getting the house and being the primary caretaker of the children.

Speak with a DuPage County Divorce Attorney Today

If you are considering a divorce, or your spouse has already filed for divorce, you need to speak with an experienced DuPage County divorce lawyer right away. You need to take action to preserve your rights. Call The Stogsdill Law Firm, P.C. today at 630-462-9500 to schedule a consultation.



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