Divorce 101: Who Gets the House?
Posted on Jan 28, 2015 1:31pm PST
Property division is one of the most contentious aspects of divorce. If you're facing
a separation, you've probably asked the question: Who gets the marital
home? Florida divorce law doesn't delineate specific rules for your
house, which means that most property division cases are determined on
a case-by-case basis.
Reasons to Keep the House
You might be surprised to learn that keeping the house isn't always
the best option for your future and your finances. If you want to keep
the marital home, it is important to have a good reason. These might include:
Divorce is difficult, especially for young children. If you have kids,
child custody and property division may be closely linked. If the court
determines that it is in the best interests of your children to remain
in the marital home, the parent with physical custody of the children
will probably get the house.
In many cases, one or both spouses want to keep the marital home for personal
reasons, such as emotional attachment. For many people, a home symbolizes
years – if not decades – of their life and work. While this
decision may be hard on your finances, it could benefit your emotional
health during divorce.
Reasons to Let Your Spouse Take the Marital Home
Depending on your financial situation, it may be best to let your spouse
take the marital home. In some cases, neither party receives the house.
The main reasons for this is
Buying and maintaining a home is expensive. More than likely, you and your
spouse combined incomes to purchase your home. After divorce, you and
your spouse will have to use the same income to support two households.
If you are unable to maintain mortgage payments, utilities, and upkeep
on the house, consider letting your spouse take it after divorce.
Ready to learn more about your options with a divorce attorney?
Contact our office today.