On behalf of The Law Office of Gustavo E. Frances, P.A.
Property division is often one of the most challenging aspects of the divorce process. This is particularly true for homeowners. Besides being the place where you make memories, your home is also one of the most valuable assets you will ever have. But the marital home can be a controversial topic you avoid discussing with your ex-spouse, unless you have a Fort Lauderdale property division lawyer by your side. Your attorney will always protect your interests and the interests of your family.
Find good reasons to keep your house
If you want to sell or keep your house after going through a divorce, you need to find good reasons to tell your attorney. Only sound reasons will convince the judge that keeping this property will be in your best interests. Children are generally the ones affected by these drastic decisions. It can definitely cause them emotional distress if they are forced to move out.
If you are not sure about what’s best for your family, speak with an attorney or psychologist and find the guidance you need. The emotional aspects of a divorce are often overwhelming and they can easily blind your judgment. Whatever you do, take your time to analyze your circumstances and determine what’s best for your family.
Take a closer look at your finances
If your finances are currently unstable and you think you may not be able to continue the same lifestyle, perhaps it’s best to sell your home or move out. No matter how much you love your place, it is good being realistic. Remember you will have to cover the mortgage, maintenance, and also property taxes, which can become a financial roller coaster. Perhaps you can hire a financial advisor before you make your final decision.
Talk to your ex-spouse
Many times the best approach to dividing property is talking to your ex and working things out. Going to court can be a costly and emotionally draining experience if you don’t have a Fort Lauderdale property division lawyer representing you. Your attorney can help you make a decision based on mutual agreement.
Dividing property in Florida
Property is divided equitably in Florida, which means both spouses should get their fair share. However, judges can sometimes decide that an equal division is not in the best interests of the family, particularly when there are children involved. Some factors they may consider include:
How long you have been married
- Your financial stability
- Career opportunities or other educational or professional opportunities that may be interfering
- The financial contributions of both spouses
When you end up in court?
If you have tried everything you can but your spouse is still refusing to give up the marital home, then the judge will make that decision for you. Under some circumstances, the judge may decide that you must sell the home. It is best to consult with a family law attorney in your area as these are complex battles to fight on your own.