Divorce doesn’t just impact your relationship. It can turn your housing situation upside down. Whether you’re selling the family home, looking for a new place to live, or figuring out how to afford rent on a single income, your next move is about more than just real estate. It’s about safety, financial stability, and protecting your future. Here's what to know.
Your Home Is a Legal Asset and an Emotional One
A family home usually carries significant equity, but it also holds meaning. You may have raised children there, grieved losses, or celebrated milestones. Letting go or negotiating who stays in the home often stirs up deep emotion. You don’t need to treat it like it’s just a piece of property. And your attorney shouldn't either.
Should You Sell, Stay, or Try Something New?
In some divorces, one spouse stays in the home and buys out the other’s equity. In others, the house is sold and the proceeds are divided. When children are involved, some families try creative co-parenting options. One approach is bird nesting, where children stay in the family home full-time and each parent rotates in and out on a shared schedule while living in a separate residence the rest of the time.
How Bird Nesting Works (and When It Doesn’t)
Bird nesting aims to provide children with consistency, but it requires clear boundaries. Parents must agree on who pays for the mortgage, utilities, and upkeep, how groceries and cleaning will be handled, and where each parent will live while “off-duty.” Many families rent a small shared apartment or take turns staying with family or friends. Nesting is usually a short-term solution during the early months of separation. Talk to your attorney to ensure you protect your legal rights and clarify the arrangement in writing.
Buying or Renting After a Divorce
Buying a home before your divorce is finalized can be risky. Mortgage lenders will ask for documentation like income, alimony, and child support details, and those numbers may not be available yet. Your debt-to-income ratio could shift during the divorce process, so consider waiting. Renting short-term can give you time to grieve, plan, and stabilize your finances before making a long-term commitment.
Current Housing Market Trends (Updated May 2025)
If you’re considering a move, it’s helpful to understand the 2025 housing landscape. The average 30-year fixed mortgage rate is around 6.75%, making homebuying more expensive. However, housing inventory is up 28.5% year over year, giving buyers more options and negotiation power. Home prices have increased only 1.4%, and the average U.S. rent is $2,024 as of April 2025.
These trends mean buyers can expect less competition and potentially better deals, while renters face steady costs but more availability.
Legal Risks: Don’t Move Out Without a Lawyer’s Advice
Even moving out of your home before the divorce is finalized can affect property division or custody. If you’re still on the mortgage, title, or lease, or if children are involved, always talk to your attorney before signing anything or transferring ownership.
Think Ahead: The Home You Need Next
Where you move next shouldn’t just be about budget or logistics. This is a chance to reshape your life. If you’re co-parenting, think about school districts, proximity to the other parent, and neighborhoods that support your kids’ routines. If you’re starting fresh on your own, ask yourself what kind of space supports your healing, creativity, and independence.
You’re Not Failing. You’re Rebuilding.
Divorce is disorienting, especially when it affects where you live. But you’re not doing it wrong. You’re in a hard transition. Housing changes during divorce are complicated but manageable, and you don’t have to figure it out alone.
Let’s Talk About Your Next Step
At McGill Law, we help people make smart legal and emotional decisions during divorce. If you’re navigating housing changes, including bird nesting or co-ownership, we’re here to guide you.
Call us at 402-548-5418 or schedule a consultation here. We serve clients across Nebraska and Iowa with offices located in Omaha & Lincoln.