How can you keep your house

One of the biggest questions in any divorce is, who gets to keep the house? If you’re going through a divorce in Utah and want to stay in your home, there are important legal and financial factors to consider.

Utah follows equitable distribution, meaning the court divides assets fairly—but not necessarily 50/50. If the home was purchased during the marriage or if both spouses contributed to it financially, it’s considered marital property and must be divided.

If you and your spouse can agree on who keeps the home, Utah courts will usually approve that agreement. But if you can’t agree, the court will decide based on several factors, including:

• Who has primary custody of the children? Courts prioritize stability for kids, so if you have custody, you may have a stronger case for keeping the home.
• Who has contributed more financially to the home? This includes mortgage payments, maintenance, renovations, and property taxes.
• Who is in a better financial position to afford the home long-term? Keeping the house also means keeping up with mortgage payments, utilities, and upkeep.

But what if keeping the home isn’t financially realistic? There are other options, such as:

• Selling the house and splitting the proceeds. This is often the simplest option, but it may not be ideal if you want to maintain stability for your children.
• One spouse buying out the other’s share. This allows one person to stay in the home while ensuring the other gets their fair share of the asset.
• Trading assets. In some cases, one spouse may keep the home while the other receives equivalent assets, such as retirement funds or other property.

It’s important to consider the long-term financial impact of keeping the house. Before fighting to keep it, ask yourself:

• Can I afford the mortgage, taxes, and maintenance on my own?
• Will I need to refinance the home to remove my spouse’s name from the loan?
• Is keeping the home the best financial decision for my future?

If you’re determined to keep your home, having the right legal strategy is key. A skilled attorney can help you navigate negotiations, assess your financial options, and present the strongest case for why you should retain ownership.

Dividing assets during a divorce is complicated, and your home is likely one of your biggest investments. At RCG Law Group, we fight to protect what matters most to you.

If you’re facing a divorce and want to protect your property, call or click to schedule a consultation today.