Divorce 101: Who Gets the House?

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:

• Children
  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.
• Personal Reasons
  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 finances.

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.