Who Gets the House in a Divorce
Halt | December 15, 2021 | 0 Comments

Who Gets The House In A Divorce?

Divorces can be an unpleasant and messy process, especially when it comes to dividing the couple’s assets. When both parties agree on the divorce, there should be an equal split of property and assets. However, in some cases, it turns out that one party gets the house and the other doesn’t. In such situations, it’s important to see Jimeno & Gray for divorce lawyers. A divorce lawyer will tell you how you can protect your interests during the divorce process. In this post, we will look at who gets the house in a divorce.

How Can You Get The House After A Divorce

You Can Afford It Easily On Your Own

types of divorce

If you have a house that you are able to afford easily by yourself after the divorce, then you can hold on to it and live there. This is because the only thing the divorce court will look at during a divorce case is your ability to maintain and live within your means. If you have a good job and you can afford your own house, then it’s unlikely that the court will give you a share of the house. However, if you are not working, or if you are working but are not able to afford the house, then the court will order you to give up the house in the divorce. Your lawyer can help you determine how much you can afford before the court divides up the property.

You Do Not Own It Jointly With Your Ex-Spouse

If you didn’t buy the house together while married, then the case becomes easier to resolve during a divorce. It’s important to have the papers of purchase that show that you alone own the house. If you can’t produce any of these papers, then your ex-spouse will be able to claim half of your assets. You have to work with your lawyer to determine the best way to get these papers and prove that you own the home.

The Emotional Reasons To Keep The House After A Divorce

The Emotional Reasons To Keep The House After A Divorce

The decision to keep the house in a divorce can be very emotional. If you have lived in the house for many years, then you may want to stay there even if it means it’s not yours anymore. It might be because you are afraid of making new friends, or that you are not ready to start over with another place. Some people also want to remember the happy days they had in the house together. That’s why it’s very important to get your lawyer’s advice about what to do in the divorce case, so you can keep your home.

Your Children Live There With You

School-aged children may have a hard time adjusting to a new school after divorce. Further, they may have trouble adjusting to the new house if the previous house was filled with happy memories from their childhood. In such a situation, it’s best to keep your children in the home as long as they are living there with you. That way, they won’t have to change schools or start over in a new neighborhood or area. On the other hand, if your child is an adult, then they will be making their own decisions about the house; the court likely won’t consider this factor.

The Name Of The Mortgage Company Or Financial Institution Is In Your Name Only

Car Crash

If the mortgage is in your name, then you have first dibs on the house, even if your marriage fell apart due to infidelity or other marital issues. This is because the property division of marital assets is based on contributions made for the upkeep of that property. If you are living in a house that you paid for entirely, then it’s logical that the property division should favor you. However, if your ex-spouse contributed to the mortgage payments at all, then he or she may be able to claim a share of your property as well; this varies from state to state.

Divorce is never an easy decision. However, the last thing you want to do after a divorce is to lose your home. If you have to move out of the house because of divorce, then the first thing that you should do is hire a divorce attorney. A divorce attorney will protect your interests in the divorce settlement and will guide you in making this important decision. Remember that your house is not part of any divorce settlement until the final court orders say so.


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