In her article “January is ‘Divorce Month’ - 5 Questions to Ask About Your Home, NerdWallet Lead Writer Taylor Getler asked our Matrimonial and Family Law Partner Kenneth S. Glasser to discuss one of the key issues most divorcing couples will face: What to do with the family home. 

She writes that January is such a common time to file for divorce that it’s long been known as “divorce month” among family lawyers. It marks both the end of the holidays and the start of a new tax year, which can make it simpler to financially separate from your ex.

A key part of navigating a divorce is deciding what to do with your home. Your property is likely among the most valuable assets in the marriage, and it’s important to take the time to understand your options. The best outcome for yourself and your family may not be the one you expect.

Ken explains that divorcing homeowners must navigate a series of complex questions, including whether to keep or sell the home, how to determine its value, and whether one spouse can qualify for a mortgage independently. Emotional attachment to a home can complicate decision-making, particularly during a period of significant personal upheaval.

He also discusses how refinancing requirements, support payments, and timing can affect settlement negotiations. Mortgage lenders typically require a history of consistent child or spousal support payments before counting them as income, which can delay the resolution of divorce proceedings if not addressed strategically.

And when children are involved, housing decisions often become more complicated. Courts may determine that it is in the children’s best interests to remain in the home with the primary custodial parent, delaying a sale and leaving both spouses tied to the property for years. These arrangements can require ongoing coordination around maintenance, expenses, and ownership responsibilities, underscoring the importance of...Read more