It used to be considered an achievement to get the house in a divorce settlement, however, that was back before the real estate market took a nosedive.

Instead of sitting on a nice investment, and feeling like they ran off with the "prize," many spouses are stuck with a house that has negative equity and can't be sold or refinanced. Not only that, but many divorcing individuals simply can't afford to maintain a mortgage that took two incomes to pay, especially when they are upside-down on their home loan.

Before the real estate collapse, the house often represented most of the equity in a marriage. These days, spouses are struggling over what to do with the house, and many times the house is more of a "hot potato" than a valuable asset.

What's your house situation?

Should you keep the house in your divorce? It depends. Here are some questions that you should ask yourself:

• Can I afford the mortgage payments?
• Can I afford maintenance?
• How much do we owe on the house?
• How much is the house worth?
• Is there any equity?
• Can I refinance the house in my name alone?
• Will a bank even loan me the money?
• Are there enough marital assets to by my spouse out of the house?
• Can we trade another asset in place of cash?

Just before the Great Recession, lots of people retained the marital home with equity in a divorce in exchange for an investment or retirement account, thinking it was a fair trade. But, when the market crashed, they wound up upside-down and without a brokerage or retirement account.

If you're thinking about keeping the house in your divorce, you should speak with a family law attorney who can offer you knowledgeable advice on this subject.