Wednesday, November 25, 2015

Which spouse gets the house in a divorce?

Divorce is a difficult time for the spouses involved. It is a highly personal, emotional, and stressful situation in which you not only dissolve your marriage but also need to face issues such as child custody, alimony, property division, and spousal support, to name a few.

Legal Help is all but Mandatory

People find it overwhelming to deal with plenty of stress and the complexities of the legal process. Therefore the best course of action for anyone seeking divorce would be to appoint a wonderful divorce lawyer to guide them through the legal system during such trying times.

Your Life can Sink Lower

You may believe you have hit rock bottom but it can become quite worse. You may believe that your life cannot go any lower but it can. What if your spouse asks to keep the home that you have worked so hard to upgrade or maintain? You need legal help and that legal help can be derived from this marvelous website right here.

Not only will a divorce lawyer be able to assist you with the legal proceedings and the never ending paperwork, but will also prove to be an invaluable friend, a pillar of emotional support when you need it most. This is why it is important to seek the services of not just any general practice lawyer but one well versed in family law.

As mentioned, one of the issues of divorce is to figure out who gets the house (property division) once the spouses go their own separate ways. There is no specific answer to this question since it depends on a number of factors.

Factors that come into Play while deciding who keeps the Family House

Any spouse that seeks to keep the family house after a marriage has been dissolved will need to have solid reasons as to why they deserve the house over their partner. Some of things a judge will take into consideration before making this decision are as follows:

Children: Children unfortunately may be the ones that suffer the worst fate in a divorce. They are often traumatized by the very thought of their parents being separated and being forced to move may add to their distress. Therefore, in many cases, the parent that wins the child custody battle also wins the battle of the family house. This holds true in many cases although it is not a hard and fast rule since there are of course several exceptions.

Emotional attachment\sentimental value: While many divorce attorneys do not believe that this is a rational reason as to why a person should get to keep the house, nevertheless, it can influence a court’s decision. Sometimes it is abundantly clear that one spouse has put in a lot more effort and time in the purchase and maintenance of the house.

Family’s home: This spouse could be favored when it comes to deciding who gets to keep the family home. Similarly, in some situations the house may have been with one of the spouses’ families for many generations and this adds a sentimental value to it. This is another factor that could influence the judge’s decision. 

Your home is your castle. But in a divorce you could lose that castle. You could look for another castle and build it up but some people feel that is not right since their current castle exists because they put so much time and effort into it. Either way, you need a divorce lawyer and some of the best are on this site: https://usattorneys.com/
Divorce Mediation

If possible, it is best to avoid battles over property and the family home in a court room with your former spouse. This is why divorce mediation has grown increasingly popular with time. Divorce mediation is where a mediator sits with the two spouses and helps them come to an agreement by themselves on issues such as property division, alimony, and child support and custody, to name a few. 

If your family home is a bone of contention in your divorce or you need help with any other related issues, don’t hesitate to consult a fine and dependable divorce lawyer right away. 

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