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Is staying in one’s home a smart goal during a Missouri divorce?

On Behalf of | Feb 7, 2024 | Property Division |

Certain aspects of divorce proceedings tend to trigger emotional responses. People feel a sense of attachment to certain assets, such as their retirement savings and the homes where they live. They may find it very difficult to negotiate a way to share those resources during a Missouri divorce.

The marital home can easily become a sticking point during divorce negotiations. Both spouses may insist that they want to continue living there after the divorce, which may prevent them from reaching an amicable settlement. Those who are more pragmatic rather than emotional when setting priorities for their divorces may end up achieving a better outcome.

Is trying to retain possession of the marital home the best goal during a divorce?

Not everyone can manage sole homeownership

There are many reasons why one spouse may need to acknowledge that remaining in the marital home is not the best decision. Perhaps they simply do not earn enough money to refinance the property with just their income. Even if they could afford the current mortgage, they may have to account for the need to withdraw home equity.

Under the equitable distribution rules that apply during Missouri divorces, both spouses have an interest in the home even if only one of them continues living there. The need to compensate a spouse by withdrawing equity from the property could significantly increase what the monthly mortgage payments might be.

Additionally, people need to think about the practical needs of maintaining a home. They either need to perform all of the cleaning and repairs on their own or have the resources to hire professionals for that work. Finally, the memories attached to the property could be a challenge after someone divorces. Particularly when someone does not have any minor children inspiring their desire to stay in the marital home, moving out can help give someone a clean break and leave the memories of their disappointing marriage in the past.

Instead of fighting with a spouse intensely to retain possession of a home that might hold someone back, it is sometimes better to let go of that home and begin thinking instead about what resources someone can use to construct a brighter future. For some individuals, taking a practical approach to major assets during a Missouri divorce can help someone avoid unnecessary conflicts and secure a more favorable outcome.

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