Who Gets The Home In A Divorce?

Few property division conflicts are as highly contested as those over the family home. Working with a skilled attorney can help you navigate this step in the divorce process and receive a favorable result.

The Law Office of Amanda Salcido advises clients seeking straightforward solutions to complicated property matters. Ms. Salcido customizes her representation for each client. You can be certain that she will listen to your unique concerns and study your financial circumstances, advocating for you accordingly. Our law office is in Lakeland, and we serve clients throughout central Florida, including Tampa and Plant City.

The Factors That Determine Who Keeps The House In A Divorce

In Florida, a range of factors determine each spouse's stake in ownership or equity. These considerations may include:

  • Whether the property is marital property or separately owned. Property owned by one party before marriage is considered "separate property" unless something happened during the marriage to give the other spouse an interest. For example, if marital funds were used to pay for home updates or mortgage payments, the spouse would be entitled to reimbursement.
  • Whether both spouses wish to sell the house. The proceeds from the sale would be divided equitably between parties.
  • Whether children are involved. The judge may decide that it is preferable to keep children in the family home to lessen the impact of divorce on their lives. In this case, the property may not be divided until after the children are raised.

As difficult as it is to agree with your estranged spouse at this time, finding an out-of-court solution will give you more control over the terms of your property agreement. If couples reach an impasse during property discussions, it is up to the court to decide who gets the family house in a divorce.

Ms. Salcido has the experience you need to defend your financial interests in negotiation, litigation and collaboration. You can depend on her to help you choose the approach that best fits your needs.

Speak With A Knowledgeable Lawyer Today

Before you agree to any property agreement terms, it is important to review your contract with a lawyer. Unlike alimony, child support or child custody, the terms of your property division cannot be modified after your divorce is finalized.

Schedule your meeting with Ms. Salcido online or over the phone at 863-266-4122.