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posted on 4/11/20

A Chicago couple finally saved up a downpayment and moved into their first home. 10 years later, after marriage and hardship, the coronavirus pandemic strikes. Illinois is one of the hardest-hit states in the country. As of early April, Illinois saw the biggest one-day jump of new coronavirus cases and deaths since the virus began.

The wife has chronic health conditions and the husband just learned that he has been laid off from work. The fear of facing coronavirus with chronic health conditions and the financial pressure of lost income place significant pressure on their marriage. The couple decides to divorce. They are both ready to fight to keep their home which, by now, has significant equity. How will a court decide which spouse keeps the house?

The Difficulties of Living Together During the Divorce Process

Many couples experience significant financial strain during the divorce process. Due to coronavirus shutdowns, the U.S. economy may be headed toward another Great Recession. Unemployment applications are extremely high. Many divorcing spouses are unable to pay their mortgage with a single income stream. They become financially stuck as they await the final divorce order.

Whatever your reason for living together during your divorce, you will face challenges. Deciding who will pay for housing-related costs can be difficult when a divorce is pending. A skilled divorce lawyer can help you determine which spouse will pay bills while the divorce is pending. Reaching an agreement will make your divorce much easier.

When couples cannot reach an agreement while living together, they can file motions for temporary orders to ask the court to intervene and determine which spouse will pay the insurance, mortgage taxes, utilities, and other expenses. If couples experience constant arguing or domestic violence, cohabitating may become impossible and the court may need to get involved.

Ways to Fight for Your Home

Losing your home and having to move after a divorce can make a difficult process even more challenging. If you want to keep your house after your divorce and your soon-to-be ex-spouse is willing to move out, you may be able to negotiate to keep your house in the divorce. Perhaps you could give up other assets in exchange for keeping the house.

If negotiation is not possible, you may be able to attempt to buy your ex out of the house. Agreeing on a fair price is often difficult, especially in a contentious divorce. You will need the help of an experienced family law attorney on your side. Other factors will come into play, such as debt that you and your spouse acquired during the marriage.

Contact Our Chicago Family Law Attorneys

At Glasgow & Olsson, we understand that going through a divorce is extremely challenging, especially during difficult economic times. If you want to fight to keep your home after your divorce, our legal team is here to help. Contact our law firm today to schedule your initial consultation.