How to Determine Who Gets the House in the Divorce

How to Determine Who Gets the House in the Divorce

Divorce is difficult because there are many moving parts, such as child custody, spousal support, and which party will get the house. In Florida, the division of property between divorcing spouses is fair and equitable. This translates into the division being equal, but a judge that sees an equal division to be unfair can divide the property in a way they see more just.

There are a number of factors that go into a judge’s decision. However, you want to ensure you have knowledgeable and experienced Tampa divorce attorneys guiding you through the process. At the Law Office of Amber Boles, you will receive the guidance you need so you know what to expect while having the information needed to make informed decisions about your future. Your decisions could even influence how the judge determines who gets what assets.

Factors Used to Decide Who Gets the House
The attorneys at The Law Office of Amber Boles will provide you with information as it pertains to your unique case. If you and your spouse already agree on who will keep the home, there are still other areas of the divorce case that can be complicated. Nonetheless, if children are involved, it’s common for the couple to agree that the custodial parent should keep the home. This ensures the children aren’t removed from their environment.

When the matter isn’t agreed on, the judge can consider these factors:
• Length of marriage
• The economic situation of each spouse
• Interruption in educational or career opportunities
• What each spouse contributed to the acquisition of the home
• What each spouse contributed to the other’s career or education
• The contribution of each spouse to improvement and maintenance of marital and non-marital assets
• Each spouse’s contribution to the destruction, waste, depletion, or dissipation of marital assets prior to the divorce filing
• The marital and non-marital liabilities incurred by each spouse

How easily the assets can be divided is also considered. In the case of a house, the only way to truly divide it is to sell it and split the proceeds. It’s also possible for the judge to allow temporary possession of the home by one spouse. Other assets and liabilities play a role in how equitable division is determined.

Don’t Face a Divorce and Asset Division Alone
To make sure you have the opportunity to fight for what you want and receive a fair outcome, having the Law Office of Amber Boles by your side will make a difference. The divorce process can be complicated, especially when dividing assets, so you shouldn’t have to navigate it alone.

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