By: TheDivorceZone Team
Who Gets The House?
Divorce lawyers often see a fair share of controversy over the marital home. The house is visible, valuable, and emotional. There are good reasons to stand your ground: continuity for the children, emotional attachment, and sometimes even convenience. There are also some not-so-good reasons: vindictiveness, ego gratification, and just plain greed.
Courts take into account many factors before deciding who gets the house. They consider the good and the bad, including an abused parties claim or previous abandonment of the home.
Many states have divorce-related automatic restraining orders that prohibit the sale or mortgaging of the marital home. Even if the property is only in your name, you are not allowed to sell or encumber the home without spousal or court approval. Your spouse may file a lien stating a claim on the title.
Ideally the decision regarding the home should be made between both parties without court intervention. You would rather the Judge not make the ruling. Your attorney can best advise you given your particular circumstances and your state’s law.
Before you can take the next step you need to take the following into account;
· The children – school-aged children are often traumatized by a divorce, and moving can compound their emotional distress.
· Sentimental or emotional attachment – if you were the house husband/wife you may have became emotionally attached to the home. Similarly, an attachment could exist if the house belonged to your parents or a relative before you were married.
· House as settlement tool – the division of marital assets should be acceptable to both sides. You can use the home as a bargaining chip, or “settlement tool.”
Finally, if you decide to fight, make sure it is for the right reasons and not out of spite.
The divorce Zone Team
