What Happens to the Family Home in an Illinois Divorce?

 Posted on July 22, 2026 in Division of Assets

The division of assets is a common concern during divorce proceedings. This may be especially true if you have been married for a long time and have obtained a large asset portfolio. For many couples, the home is the most valuable property, and deciding who should keep it is difficult for both partners.

No single rule determines what will happen to a home during asset division. If you have questions or concerns about the division of property, a DuPage, IL divorce attorney can offer experience and advice, working with you to find the most feasible solution for your 2026 divorce.

Who Will Get the House in an Illinois Divorce?

Couples do have the option to decide amongst themselves who keeps the family home. If a decision about property division can be reached outside of court, the court will typically honor it unless it finds the agreement unconscionable.

When asset division is determined by the court, a number of factors can influence what happens to the home (750 ILCS 5/503). For example, if you have small children who still live at home, the court may consider the desirability of awarding the family home, or the right to live there for a reasonable period, to the spouse with whom the children primarily reside. However, this is only one of several factors the court considers when dividing marital property.

When children are not part of the equation, the court considers who wants the house. If the family home is marital property, the court must account for its value when dividing the marital estate equitably. In other words, the spouse who wants it will need to compensate the other for the value of their part of the home in some other way. This is often done through either a buyout of one spouse’s share by the other or by giving the spouse who is not keeping the home other assets to compensate them for the value of their share.

In some cases, neither party wants the home, in which case it can be sold and the proceeds divided.  

Should You Try to Keep the Family Home After a Divorce in Illinois?

The question of whether a spouse can keep the house after a divorce is not the same as whether the spouse should keep the house. The following are helpful considerations to make.

Custody Considerations

Staying in the family home often offers the most stability for children during and after divorce. Their school schedule and social attachments may revolve around the home’s location, making it practical as well as emotionally beneficial to keep them in the home as much as possible.

Emotional Considerations

For some people, living in the home that they once shared with their former spouse is too painful. Whether they have good memories of a past life together or bad memories of their marriage deteriorating, staying in the family home may feel stagnant or depressing. For others, the nostalgia and comfort of the familiar surroundings may be comforting.

If you want to keep the home, it’s wise to seriously consider whether your home is a place you can imagine yourself living in the future.

Financial Considerations

Finances are often the most relevant factor in keeping the home. You will need to cover any balance in a mortgage, taxes, home insurance, and all home maintenance costs without your spouse. Your divorce attorney might recommend that a financial advisor assist you in this decision.

Understandably, you may want to keep the house simply to avoid adding a stressful relocation on top of the divorce. Your home may feel safe and familiar at a time in your life when little else does. However, you should think carefully about whether keeping the home actually benefits you in the long term.

Should You Sell the Family Home After Your Illinois Divorce?

Sometimes, selling is the best option. Typically, spouses will choose to sell when neither one wants to keep the house or when neither can afford to buy out the other’s share.

Some advantages of selling the home include:

• Both spouses leaving their divorce with significant cash from the sale
• Both parties starting fresh in a new location
• No contention about one person "winning" over the other
• Relieving both parties of a substantial financial burden

Keep in mind that selling can be a lengthy process with many logistics. Additionally, closing costs, repairs, and other fees can significantly decrease profits. However, if you are not strongly invested in keeping the home, it can be a very viable option.

Call a Naperville, IL Divorce Attorney for a Free Consultation Today

Figuring out what will happen to your home during a divorce can be mentally, financially, and emotionally challenging, especially when the divorce is contentious. At Pesce Law Group, P.C., we have represented families through a range of family law issues over almost two decades. We have experience fighting for our clients’ best interests. Attorney Pesce is also qualified in DuPage County as a Guardian ad Litem, child’s representative, and mediator for issues of custody and visitation.

Call 630-352-2240 to schedule a free consultation with a knowledgeable DuPage County, IL asset division lawyer today.