Who receives the marital home in a divorce?

For the most part, the marital home is a controversial issue in many divorces. To begin with, it is usually one of the most valuable assets that a family possesses. Secondly, aside from the financial stand point, families are emotionally attached to their homes because their children have grown up there.

Have sound reasons to claim the home

In a majority of divorce disputes the court will order the sale of the home and divide the money among the spouses. Divorce lawyers in Ocean Springs, MS reiterate that you must have good reasons to present to the court to deter the judge from taking the above step and allow you to retain the house.

If you have children then moving out of the family home can be a traumatizing experience for them since they are already under a lot of duress due to their parent’s break up. This can be a valid reason to claim the home. In addition, you can also seek help from a psychologist if you believe that leaving the home and the neighborhood will have an impact on your kids.

Parting with the marital home is often a deeply emotional issue particularly so if you have spent a lot of time refurbishing your home or if it holds precious memories. Often people find it difficult to let go a home that has been the family house for generations. Mississippi divorce attorneys say that even when you have a deeply emotional attachment to your home you must make a practical decision at this stage that will benefit you in the long run. Moreover, it is never prudent to attempt to hold onto the property just out of spite or vendetta.

Alicia Florrick did not do this. In fact, when she found out her husband, Peter Florrick, had an affair she sold the home and moved into a nice condo in the heart of Chicago. She did miss the home but she did not want to remain in a home with scarred memories. On top of that, the home was too large for just her and two children. Not everyone wants to leave the home that simply or quickly but every situation is different. Since her husband was in jail as well, he did not have too much say in what his wife was choosing to do. He probably wished they kept the home but again, Peter had very little say based on his public transgressions and his misappropriation of funds. 

Make sure you can afford it

It is critical that you understand the financial realities that are going to hit you post divorce. You may not be able to enjoy the same standard of living you had before the separation. The best thing is to strike a balance between your needs and aspirations.

Ocean Springs, MS divorce lawyers suggest that it is important that you find out if you would be able to maintain the family home on your own. You might not be ready to move out of your comfort zone yet but the question is whether it is a good financial decision to try to keep and maintain the home on your own.

Would you be able to afford the upkeep, property taxes, and mortgage, and so on? You may end up in serious financial trouble if your obsession about the home prevented you from considering other pressing financial obligations. So before you lay claim on your home consult a financial planner. It may not even be logical to even try to pay for the home’s finances all by yourself.

Are you going to mow the lawn every week or can you afford to pay someone else to do that?

Be aware of state laws on division of property

In states that have community property rules the property acquired after marriage will be deemed as per law as joint property. The judge will order that the property be sold and the money divided equally among the spouses. In some cases the judge will allow you to keep the property provided you pay your spouse half of the value.

In many instances as soon as a couple decides to divorce, the court will issue a restraining order preventing the sale or mortgage of the property. These rules apply even when the property is in your name. In this case you will need permission from your spouse and the court to do so.

If you wish to retain your marital home after your divorce it would be wise to reach out to divorce lawyer in Mississippi. Make sure you hire a legal representative as soon as your divorce is imminent. This is because your litigator will need time to evaluate your case and offer a viable solution.

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