Can I Keep the House? Custody, Divorce, and Your Family Home in Michigan 

For many people facing divorce, the question, ‘Can I keep the house?’, carries far more weight than finances alone. The marital home often represents stability, routine, and a sense of security for the family during a time of major change. 

In Michigan divorces involving children, the family home is often connected to custody, finances, and long‑term stability. Understanding how these factors interact can help you make thoughtful, informed decisions about your future. 

How Michigan Courts View the Marital Home 

Michigan is an equitable distribution state, meaning marital property is divided fairly— not necessarily equally. The court considers several factors, such as: 

• The length of the marriage 

• Each spouse’s financial contributions 

• Each party’s earning capacity 

• The best interests of the children 

While the home is often one of the most valuable assets in a divorce, keeping it is not automatic, and the decision is rarely based on a single factor. 

Does Custody Impact Who Keeps the House in a Michigan Divorce? 

In Michigan divorce cases, custody decisions can influence what happens to the family home, but not always in the way people assume. Courts do not automatically award the house to one parent. Instead, they focus on the best interests of the child, with stability being a key consideration. 

One factor courts evaluate is “the permanence, as a family unit, of the existing or proposed custodial home or homes” (MCL 722.23). 

In practice, this means the court may look closely at whether the child can remain in a stable, familiar, and supportive environment. In some cases, that includes considering the child’s home and how it supports continuity in daily life. When custody and property issues intersect, these details matter. Every family’s situation is unique, and the specific facts of the case often determine the outcome. 

Courts and parties must still address: 

• Whether one spouse can realistically afford to maintain the home 

• How the other spouse’s equity will be divided or compensated 

• Whether keeping the home supports long-term stability for the Family 

Common Options for the Family Home in Michigan Divorces 

There are several ways divorcing spouses in Michigan handle the marital home: 

1. One Spouse Keeps the Home

A spouse may retain the house by: 

• Refinancing the mortgage in their own name 

• Buying out the other spouse’s share of the equity 

• Offsetting the equity with other marital assets 

This option works best when the spouse keeping the home can comfortably afford it on a single income. 

2. The Home Is Sold

Selling the home and dividing the proceeds is often the most straightforward solution. This option may be appropriate when neither spouse can afford to keep the home or when continued joint ownership would create unnecessary conflict or complexity. 

3. Deferred Sale for the Children

In some cases, spouses agree to delay selling the home until a specific event occurs—such as the youngest child graduating high school. While this approach can provide short‑term stability for the children, it requires careful planning, clear expectations, and a detailed agreement outlining responsibilities for expenses, maintenance, and future sale arrangements. 

Financial Reality Matters More Than Emotion 

Wanting to keep the marital home is completely understandable, but long‑term financial stability matters. While it can be difficult to look beyond emotional attachment, it is important to pause and ask yourself practical questions, including: 

• Can I afford the mortgage, taxes, insurance, and maintenance on my own? 

• Will keeping the home limit my financial flexibility post-divorce? 

• Am I sacrificing retirement or long-term stability to stay in the house? 

Sometimes, selling the home can provide a cleaner financial reset and greater long-term security, depending on the circumstances. 

What If the Home Was Owned Before the Marriage? 

If one spouse owned the home before the marriage, it may be considered separate property, but that does not automatically exclude it from division. Increases in value during the marriage, mortgage payments made with marital funds, and significant improvements can all create a marital interest in the property. 

These situations can be complex and often require detailed financial and legal analysis. At Wilson Kester the Empowered Divorce Source, we carefully examine every relevant detail when advocating for our clients. 

Planning Ahead Makes a Difference 

Decisions about the family home can affect custody arrangements, support obligations, and your financial future for years to come. Speaking with a Michigan family law attorney early in the process can help you: 

• Understand your options before filing 

• Avoid costly mistakes tied to emotion or pressure 

• Develop a strategy that protects both your children and your financial well-being 

Moving Forward with Clarity 

The question isn’t just can I keep the house? What choice best supports my future and my children’s stability? 

No case is the same. At times, the answer is staying. In other instances, it’s selling that yields better results. 

With the right guidance, you can make decisions that prioritize security, fairness, and a healthy next chapter. At Wilson Kester, we strive to empower our clients to a brighter future on their terms.  

If you have questions and are considering filing for divorce, contact us at 231-310-0022 or schedule an initial case assessment online.