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Keeping Your Home During the Divorce Process

Being able to keep your home can help you ride out the instability of the divorce process. Whenever everything else in your life seems to be changing, and your personal life, your finances and even your relationship with your children are up in the air, knowing that you get to come home to your own house each day can make a huge difference. But homes aren’t just important for emotional support — they also provide a real form of financial stability that can increase in value over time and give you the power to make decisions about where and how you want to live later on. So how can you make sure you keep your home?

If a couple purchased a home together or while they were married, it is considered marital property and therefore must be included when a court is determining how to divide a couple’s assets. In Minnesota, courts seek to distribute the marital property equitably, meaning that judges try to split things fairly, but not necessarily evenly. They consider factors such as the length of the marriage, each spouse’s employment, and the contributions that each made when determining how to come to a fair solution. While judges often give the home to a spouse who has physical custody of children, this is not guaranteed.

Leaving your living situation up to a judge isn’t your only option. Instead, your attorney can help you negotiate with your spouse to come up with a solution that works for everyone. For example, you could agree to allow your spouse to keep the car and more of your savings in exchange for allowing you to stay in the marital home.

For help finding optimal solutions to your property division issues, consult a knowledgeable Minnesota divorce lawyer at Appelhof, Pfeifer & Hart, P.A. today.

Our Attorneys
Client testimonials
  • "Tori had a thorough understanding of my situation and made excellent recommendations to resolve my concerns. She was persistent on communication and handled everything in a very timely manner. I would definitely hire her again in the future if needed." - M.K.

  • "With Appelhof, Pfeifer & Hart, P.A., it is like having a family physician. They are all knowledgeable, thorough, comforting, and the only call I need to make for all my legal needs for many years to come. No matter what the matter, I totally trust their advice and commitment to me and my family." - J.N.

  • "Mary from APH Law helped me thru a difficult divorce. She and the entire staff was there for me every step of the way helping me on what to do next. They listened to what I wanted and helped me achieve what matter the most to me in the divorce settlement." - Dana C.

  • "I chose APH after my initial consultation with Mary. I felt my best interest would be represented. The entire process went excellent, the attorneys and staff communicated effectively and efficiently with me throughout the process as they needed to. Being new to the legal process and verbiage, they walked me and talked me through the next steps and the jargon, I felt completely comfortable and represented. I hope I never have to use legal services again but if I do I will call Mary at APH Law and know that I will be taken care of." - Jeff M.

  • "Divorce is a time of emotion and stress. Mary Pfeifer , My lawyer was professional and compassionate. She was very informative through the process. Her insight helped me in my decisions. She worked hard to obtain a settlement which was fair to both parties. Though, I hope I won't need her help again. It is reassuring to know a good person that is willing to help." - Rod S.

  • "I first came to Ms. Jacquelyn Lutz of Appelhof, Pfeifer and Hart in October of 2016. It was definitely the worst time in my life and she compassionately spoke with me about my options. Ms. Lutz thoroughly explained the laws, statutes, process and what to expect going forward. What was supposed to be one case, turned into three intricate cases that took a huge toll on me and my family. Ms. Lutz represented me in court on all three cases with a vast knowledge of the laws and how to proceed accordingly. During all three cases she kept me informed, calm, gave me resources to utilize, and (most important) gave me a realistic view of what may come next. Ms. Lutz knew each case required a great deal of knowledge and creative thinking on how to legally proceed forward with each case. My family and friends are forever grateful for the amazing representation by Ms. Lutz. I highly recommend Ms. Lutz for anyone needing or considering superb representation for any kind of family law. " - M.H.

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