For many couples, the family home is more than just property—it’s stability, memories, and comfort, especially for children. During divorce, one of the biggest questions is: who gets to keep the house?
As a Bergen County divorce lawyer, I’ve seen how emotionally charged this issue becomes. At The Davies Law Firm in Hackensack, we help clients develop strategies to hold onto the home when it matters most.
Why the Family Home Matters in Divorce
The house is often a couple’s largest asset. But it’s also tied to emotional and practical concerns:
- Providing stability for children who may already feel unsettled
- Staying close to schools, work, or community
- Protecting a long-term investment that may appreciate in value
Because of these factors, keeping the home often becomes the top priority in divorce negotiations.
How New Jersey Courts View the Family Home
In New Jersey, the family home acquired during marriage is usually considered marital property. That means it’s subject to equitable distribution.
Equitable doesn’t always mean equal. Courts consider:
- Each spouse’s financial situation
- Who has primary custody of children
- Each party’s contributions to the home (financial or otherwise)
- Long-term housing needs of both spouses
👉 If keeping your home is your goal, call The Davies Law Firm at (201) 820-3460 to discuss your options.
Strategies for Keeping the Home
A skilled divorce lawyer can help you explore different ways to keep the house while still reaching a fair settlement:
- Buyout Agreement – One spouse pays the other their share of the home’s equity.
- Offset with Other Assets – Trade retirement accounts, investments, or other property in exchange for the home.
- Co-Ownership (Short-Term) – In some cases, couples agree to temporarily co-own the house, often until children finish school.
- Refinancing – The spouse keeping the home refinances the mortgage in their own name.
- Creative Settlements – Combining partial buyouts, delayed sales, or staggered payments.
Common Mistakes to Avoid
We’ve seen clients hurt their chances of keeping the home by making these errors:
- Assuming the parent with custody automatically gets the house
- Overlooking property taxes, upkeep, and mortgage responsibilities
- Failing to get a realistic appraisal before negotiating
- Agreeing to keep the house without considering long-term affordability
The Role of a Bergen County Divorce Lawyer
Keeping the family home requires strong legal and financial strategy. At The Davies Law Firm, we:
- Work with appraisers to value the home accurately
- Negotiate settlements that allow clients to trade other assets to keep the house
- Build custody-focused arguments when the home is tied to children’s stability
- Guide clients on refinancing or structuring buyouts
Schedule a consultation today to talk about your specific case.
➡️ Want to keep your family home? Call The Davies Law Firm in Hackensack today at (201) 820-3460.
Final Thoughts
Divorce forces hard decisions, but losing your home doesn’t have to be one of them. With the right strategy and legal support, you can protect your house, your financial stability, and your family’s sense of security.Contact The Davies Law Firm in Hackensack. Call (201) 820-3460 to speak with an experienced Bergen County divorce lawyer about keeping your home.