A Complicated Process
When it comes to property division during divorce proceedings, negotiations between spouses can become very contentious. Some elements of this process can be especially emotional, especially deciding who keeps the house in a divorce.
The idea of leaving a house may be very painful to you. You may be concerned about how children, perhaps already traumatized by a divorce, will respond to living in a new place. Introducing this kind of upheaval in kids’ lives, in addition to their parents living apart, may seem too difficult.
Determinations about home and property assets are complex, and having an attorney on your side can help you make a strong argument that you should remain in a marital home. Securing the services of a lawyer is a good way to help ensure that your rights are protected throughout divorce proceedings.
Potential Actions Affecting Who Gets The House In A Divorce
When it comes to determining who gets the house in a divorce, the first consideration of a court will be whether a home is to be considered marital property. This will mostly likely be the case if a home was purchased during the period of a marriage. A home owned by one spouse prior to a marriage or gained via means of inheritance may not be considered marital property.
If a house is deemed marital property and thus included in the division of property, there are a number of different approaches that you and spouse may devise for moving forward. Options include:
- One person may buy out a former spouse’s share of the home.
- The home may be sold and the profits divided between two spouses.
- If a marriage has produced children, one parent may stay in the home with them until the youngest child turns 18.
- Divorcing spouses may alternate living in the marital home with children.
The best way to strike the most appropriate arrangement for your family may be to come to an agreement with your spouse. If left to the court,, neither spouse may be satisfied with a ruling, which cannot be challenged.
A court making rulings on a marital home is likely to consider a wide range of factors in making determinations. The best interests of any children in the house are likely to be among the most important factors.
Securing Legal Representation In Divorce Cases
The division of marital property can be disagreeable in a divorce with the family home being among the most emotionally charged areas of negotiation. An attorney can provide clear-headed advice in situations concerning the family home as well as other potentially contentious areas, such as what happens to retirement plans and savings after divorce.
Whether you feel you can establish a compromise with a spouse in talks of your own or believe that the issue will have to go to the courts, securing the services of an attorney is an important step. This person will look out for your interests at each stage of the divorce process.