Perhaps the greatest challenge in a divorce is deciding who gets to keep the house. In fact, the battle over the house can be the most emotionally draining experience of your life.
So how do you make your housing transition go more smoothly? Firstly, don’t take any action until you’ve hired a qualified family law lawyer who can guide you regarding all the legal and financial issues about the family home.
In most states, neither spouse can force the other to leave the home while still in the divorce process. Unfortunately, continuing to live together under the same roof in the midst of a divorce can cause untold stress and tension for husband, wife and any children involved.
Even as tension in the home escalates, it is advisable to avoid making rash decisions out of anger or frustration such as putting possessions on the curb, destroying property in any way or changing the locks. In fact, these kinds of destructive actions can lead to criminal charges being made against you.
What happens if you decide to move out first? This tactic can actually work against you. Why? Because some family court judges believe the spouse who stays in the house has a greater interest in the property. Plus, a judge may take into account that the children are still happily installed in the family home with the parent who decided to stay.
What about your mortgage responsibilities? While only one spouse’s name may appear on the title, most states still view the family home as communal property. This can greatly complicate a divorce settlement and should be discussed with a divorce attorney as it can be tricky. For example, California law requires the sale or mortgage of a home to be frozen during the divorce process even if the property is under only one spouse’s name.
Who ends up living in the family home during the divorce process can also have consequences when it comes to spousal and child support. The spouse who moves out may have to temporarily pay the mortgage to keep the property in the black until the outcome of the divorce agreement is finalized.
Here are some additional tips and advice when it comes to divorce and the family home:
Make sure to keep copies of all documents as it relates to the family home including the deed, utility statements and insurance documents.
Take an inventory of all possessions both on paper and via detailed images.
Have a discussion about the family pets between the adults first before telling your children.
Think ahead. It may be tempting to throw your spouse’s things onto the street, but will it really solve anything in the end? If you want to live a life without regrets, remember to keep your emotions in check and only act in ways in which you will feel proud in the future.
For the best advice on your home, your mortgage and your divorce, always get the advice of a qualified family law lawyer before making any life-changing decisions.
Divorce Advice – Read More: Who Gets the House in a Divorce
