What It Costs to Keep Your Marital Home During Divorce

 Posted on June 11, 2026 in Division of Assets

Many divorcees prioritize owning their marital home as part of their divorce agreement. There are advantages beyond an emotional attachment to your house. You may have invested money into making the home that you want. Finding a new home will take time and be costly. There is stability in continuing to live in the same home for yourself and your children. However, it can be expensive to keep your house in your divorce agreement. Your spouse is a co-owner of the house, and you will need to buy them out in order to be the sole owner.

At Calabrese Associates, P.C., our Naperville, IL property division attorney can help you take steps to protect your home. Attorney Michael Calabrese is a former chair of the DCBA Family Law Committee, and he has handled numerous divorce cases in his career.

Who Keeps the Home in a Naperville Divorce?

Before you can figure out what keeping the home will cost, you need to know who actually owns it. In Illinois, the court divides marital property between spouses. Marital property generally includes assets obtained during the marriage, no matter which spouse’s name is on the title. The family home is usually marital property, even if only one spouse is listed on the deed.

Separate property is treated differently. If one spouse owned the home before the marriage, or received it as a gift or inheritance, it may be considered separate. But if marital funds were used to pay the mortgage or make improvements, part of the home's value could still be subject to division. These questions are not always simple to answer.

Illinois law requires courts to divide marital property in a way that is equitable, which means fair, but not necessarily equal (750 ILCS 5/503). The court considers factors like each spouse's financial situation, contributions to the marriage, and the length of the marriage. One spouse may be awarded the home outright, or the court may order it sold and the proceeds split.

How Are Marital Homes Valued in 2026?

Before you can negotiate how much you will pay your spouse for the home, you first need to determine its value. The process may differ depending on whether the home is still subject to a mortgage or is owned outright. In either situation, it is important to obtain a thorough valuation of the property. This should include a property value assessment, an estimate of the home's current market value, and an evaluation of the property's condition, including any necessary repairs and their estimated costs.

If you have a mortgage, you will need to determine your equity in the home by subtracting what you owe on the mortgage from the house’s value. You will pay your spouse their share of the home equity in exchange for keeping the home. Your spouse may present a different valuation of your house, based on their own assessment. If you cannot agree on the house’s value, you will need to take the issue to a court, which will choose the more accurate assessment value.

Buying Out Your Spouse’s Interests in a Divorce

Once you know the cost of keeping your marital home, you must figure out how you will pay for it. You can compensate your spouse by:

• Giving them properties of similar value to your home or their equity in the home

• Borrowing money to pay your spouse

• Taking out a home equity line of credit to pay your spouse

• Exchanging future spousal maintenance payments for a lower buyout

You may need to use a combination of these methods depending on your spouse’s share of the home’s value.

Litigation for the Marital Home Can Cost More Than You Expect

Disagreements over the home are among the most expensive parts of a divorce. When spouses cannot agree, the case may go before a judge. That process takes time, and time costs money.

Attorney fees, court filing fees, and hearing costs can add up quickly. If the value of the home is disputed, both sides may hire appraisers. If one spouse claims the other wasted marital assets on the property or failed to maintain it, that can lead to additional arguments and more legal work.

The emotional weight of fighting over the home can also push people toward poor decisions. Some spouses insist on keeping the home for reasons that have more to do with pain than practicality. Staying in a home you cannot afford can create serious financial problems down the road.

Contested property disputes can take months to resolve. During that time, both spouses may still be responsible for the mortgage, taxes, and upkeep. Those ongoing costs do not pause while the litigation runs its course.

Figuring Out Mortgage Costs After a Divorce

Even if you are awarded the home, keeping it comes with real financial responsibilities. The mortgage does not go away because the marriage ended. If both spouses are on the loan, the one keeping the home typically needs to refinance in their name alone. That process depends on income, credit, and what lenders are willing to approve at the time.

A refinance may also result in a higher interest rate than the original loan carried. Monthly payments could increase even if the loan balance stays the same. You will also need to consider property taxes, homeowner's insurance, and maintenance costs. These are expenses that were often shared during the marriage. After a divorce, one person carries them alone.

Some people find that keeping the home is simply not affordable on a single income. Selling may be the more practical path, even when it is not the preferred one.

Contact a Naperville, IL Divorce Attorney

The cost of keeping a home after a divorce is often substantial. As the sole owner, you will be responsible for mortgage payments, property taxes, utilities, and other home expenses. You may need to sell the house if you cannot afford these continued expenses. Our DuPage County, IL family lawyer at Calabrese Associates, P.C. can help you determine what you should do with your marital home. To schedule a consultation, call 630-393-3111.