Dear Attorneys,
My wife and I are going through a divorce and we both want to keep the house. She hasn’t worked in years and the amount of alimony I’ll be paying her won’t be enough to cover all the costs. The home is paid off, but with taxes, insurance, utilities, and maintenance, she simply won’t be able to afford it. I, however, can — especially since I can handle much of the maintenance myself.
My lawyer said if we don’t reach an agreement, the court may order it to be sold. How is that possible if we both want it?
Sincerely,
Howard House
Dear Howard,
This is not an uncommon issue. Even if both parties want to keep the house, the court will only award it to one spouse — or, in some cases, order it sold. While emotional arguments like “I built this home” or “my children have only ever lived here” may feel compelling, they do not carry weight in court. Family court is a court of equity, and decisions are based on what is fair and sustainable.
The court will look at factors such as who can realistically afford the home, who is in a better position to refinance, and how the property will be maintained after the divorce. If both parties dig in emotionally, it often leads to costly and exhausting litigation, and sometimes a forced sale.
The best approach is to make a numbers-based argument, supported by facts. At Wolf & Shore Law Group, we guide clients through a strategic analysis of their entire financial picture to determine what’s truly in their best interest. This way, you can make informed decisions about whether you should retain the home or agree to sell.
Wolf & Shore Law Group is here to help you navigate divorce with clarity and confidence. Ever argue with a woman? Let Wolf & Shore Law Group go to work for you. Call us at 203.745.3151 or email us at info@wolfandshorelaw.com.
Very Truly Yours,
Wolf & Shore Law Group
The situations represented in our Dear Attorneys column are entirely fictional and any resemblance to a specific case is unintentional. We cannot, and will not, offer legal advice to anyone who is not a client. However, if you do have questions or concerns, you should contact an attorney at your convenience.
