Who gets the house in divorce? Fort Lauderdale Property Division Attorney
Leaving or selling the family residence is something your Fort Lauderdale property division attorney should determine after taking a closer look at the circumstances surrounding your divorce case.
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Friday,
December 01, 2017.
posted in Property Division
Who gets the house in divorce?

On behalf of The Law Office of Gustavo E. Frances, P.A.

The family home is one of the most significant properties you will ever have. It is difficult to let go of the place you have been raised. When a relationship comes to an end, it is common having heated arguments about who keeps the home. Assets should be divided fairly during divorce. But what happens when children are involved? Leaving or selling the family residence is something your Fort Lauderdale property division attorney should determine after taking a closer look at the circumstances surrounding your divorce case.

Come up with good reasons to keep the house

It is natural having a bit of controversy over who keeps the marital home. If you want to keep this important property, you need to find good reasons to keep it. It is not as easy as it seems. You need to gather clear and convincing evidence to prove that keeping the home is a good financial investment and it can benefit everyone.

Selling your home can traumatize your children. It can add to their emotional distress during divorce. A therapist or psychologists can offer useful advice on how selling your property can affect them. Your home is the place where you create memories, especially if the home has been in your family for many generations. Whatever you do, make sure you consider what’s best for your family. If you can’t afford your mortgage, you should reconsider keeping your home.

Can you afford it?

While keeping the home may seem like a good idea, divorcees can’t keep the same lifestyle they had before filing for divorce. In other words, keeping a property you can’t afford is not the best financial decision. No matter how much you and your children love your home, it’s good to have a realistic perspective. Attorneys are great at helping you have a more realistic view of what life after divorce looks like. Contact a Fort Lauderdale property division attorney and you won’t regret it.

Avoid unnecessary fights with your spouse

Oftentimes, an amicable divorce is the best approach to property division. If you can agree with your former spouse on important matters such as property division, you will both reap the consequences as well as your children. If you plan to sell your property, you will need to value it first. If you and your former spouse can’t agree on a price, the court will intervene.

Assets acquired during the marriage

Any assets you or your former spouse purchased during the marriage is considered marital property, which means you will both get your fair share, even when the property was purchased by only one spouse. Also, when a marital property or asset is enhanced and increases in value, the increase is also considered marital property.

Request a free consultation

Once the court makes a final decision about property division, it will be very difficult to challenge it. This is why it is important you hire an attorney during the initial stages of the divorce process. You can call us today and request a free case assessment with Fort Lauderdale family law attorney Gustavo E. Frances.

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