When your divorce starts, this might be one of the most confusing things that you and your spouse will have to deal with: who will stay at the family home? Is this even possible?
Whenever you want to determine if you want to stay in the marital house, there are important factors to take into account. As many answers that any lawyer might give you, it all depends on how the process might go.
If acquired during the marriage, both have equal rights to it.
Both you and your spouse have technically the same rights to stay at the house if this is your case. If you wish to stay in the house, it is your right and it can be done, but you’ll have to reach an agreement with your spouse about it.
As New York times points out:
Neither of you can sell the house without the other’s consent, nor can you limit each other’s access to it. It’s as much his house as it is yours.
When it comes to marital property, it’s a standard that both parts will get 50-50. So, if you decide you want to keep the house after the divorce, you’ll need to buy your spouse’s share of the house. If you and your spouse decide to sell the house, you can both agree on one of you living in the house until it gets sold.
Determine your long term goals
Maybe you want to move to another city, maybe you’d like to try a new career path. Also, staying at the place you shared so many memories, might be to hard to endure. So a recommendation is to first determine your long-term goals before getting into the conflict of who will keep the house.
If you both determine that selling is the best option, you can both reach a temporary agreement until the house is sold. And, if you are in good terms, you could even share the house in the meantime. This might be a good financial option for both parties, but not all of the soon-to-be ex-couples will be able to handle that.
If you cannot reach an agreement, you can get a mediator
Often times, compromising might be very difficult during the divorce process. So, if you both want to keep the house, it is possible to get a mediator to help you reach an arrangement, you can always get a mediator to help you establish how the housing situation will work during the divorce. Of course, this will be adding up to the divorce tab, so do your best to reach an agreement.
In theAlabama area, Charlotte Christian Law can help you keep the house. We have great expertise in divorce, military divorce, child custody, and child support. Be prepared by having the best attorney on your side. Contact us today!