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Who Gets the House in Divorce?

It is the most valuable investment you will ever make. For many couples, purchasing a home is the fulfillment of a lifelong dream. Unfortunately, not all relationships are built to last. When a marriage comes to an end, often one of the most complex issues is which party gets the keep the family home. Ask any Salt Lake City divorce attorney and each one can tell you endless stories about the complex nature of Utah family law. But there are some basics on how the court determines the allocation of assets and property.

Who Gets the House in Divorce


When it comes divorce, there are no winners. But there is plenty to lose. If you are going through a divorce, it is highly important to fight for your home. As your biggest asset, owning or selling a house after a divorce can bring a lifetime of changes. First, it is vital to provide the court with sound reasons why it is in your best interest to maintain rights to the property. Among the most important is for the best interest of the children. Providing a stable home environment is crucial for their development and happiness. Being forced to move can often be a traumatizing experience for the children. Another reason many people fight to keep the rights to their home is their emotional attachment to the property. A house is more than just a place to live. It is place where you have put in a tremendous amount of time and work to build a good life. It is understandable to stay at a place that provides great memories. But not all emotional reasons are looked at favorably by the court. Fighting to keep the family home due to spite, greed, control or vindictiveness could result in an unfavorable settlement.


Owning a home requires a tremendous amount of responsibility. Another important factor the court will take into consideration is whether you can afford to keep the home. Is your income sufficient to maintain the same lifestyle and family responsibilities prior to the divorce? It is an important question far too many homeowners going through a divorce do not properly take into consideration. While you may have a strong emotional attachment to your home, keeping your property may not be the most sound financial decision. Between the mortgage, maintenance and property taxes, there are plenty of expenses that must be accounted. The best solution is to hire a financial advisor who provides sound advice on whether keeping your home after a divorce is your best option.


In many divorce cases, both parties are able to come to an agreement on how to divide the property. Many of these matters can be resolved through divorce mediation or simply talking it out among themselves. But should you decide to go through divorce court, there is always a risk placing the decision in the hands of a stranger dressed in a black robe to make the most important decisions of your life.


We all make mistakes. But some can be more costly than others. The same goes with choosing a divorce attorney. If your lawyer is not answering telephone calls or mishandling your case, it may be time for a change. Each divorce case has critical elements that affect the long-term status of both parties along with the children. When your assets, investments, and rights to your kids are on the line, it is important to have complete peace of mind and trust with your choice of a divorce attorney.


Contrary to popular belief, you do not have always get along with your lawyer. Some of the most effective Salt Lake City divorce attorneys have contentious relationships with their clients. However, it is vital to have a clear line of communication. There are many reasons why a client and attorney may not get along. Many divorce lawyers are blunt and aggressive by nature. They can be great qualities during an initial consultation. However, some clients may find it grating after a while. Regardless of the relationship, it is important to have access to your attorney. Your lawyer’s first priority is to always look after your best interests. It begins with effective communication. Is your divorce attorney addressing all of your questions and concerns? Is he or she attentive to the needs of your children? It is important for clients to know exactly where they stand. If there is any ambiguity or lack of communication, it can have an adverse effect on your divorce case.


If a person has any suspicions of whether their divorce attorney is handling their case correctly, it may be beneficial to get a second or even third opinion. There may be issues, such as different strategies or better cost-effective ideas that may benefit your divorce case. If your lawyer lacks the flexibility to discuss these different options, it could be costly in the long run.


Divorce can often get messy. Sometimes divorce proceedings do not always flow as quickly as you would like. When there has been a stall in divorce negotiations without any explanation from the attorney, it can be a huge red flag. Some divorce attorneys have the ability to juggle multiple clients. However, if you have reason to believe your lawyer is pushing your case to the side, it is a major cause for concern. When it comes to divorce, every client needs to feel their attorney is placing them as a priority.

Free Consultation with Divorce Lawyer in Utah

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506