Will my spouse get to take my house?

Your home has been the one solid and predictable thing in your adult life. Right after college, you were responsible and purchased a beautiful home at a great price, and for a decade you lived in it as a single person. Later, you got married and your spouse came to live with you.

Now that you're getting a divorce, you're worried you could lose this important foundation of your life. In fact, this question may be the most burning one on your mind going into your Florida divorce proceedings.

When you don't want to "break up" with your home

There are a lot of different things to divvy up in your marital estate. Most of them are quite nugatory in nature -- like bed sheets, nicknacks, random pieces of furniture and other inexpensive items -- and you couldn't care less who gets to keep them. Others, like your home, are valuable and worth hundreds of thousands of dollars.

For you, your home is worth more than its monetary value alone. For your spouse, you should liquidate it and split its value 50-50. Is there a way you can keep it?

The answer to this question depends on several factors -- especially if you have children. The parent who has fulfilled most of the child-rearing duties will usually have the right to keep living in the home, regardless if whether it was you who purchased the home with separate money well before your marriage.

On the other hand, if you bought your home with your money before you got married, and you don't have any children, then you can make a compelling argument to keep your home for yourself.

Try to negotiate with your spouse

Regardless the factual scenario, you may be able to negotiate an out of court agreement to keep your home. As long as you stay diplomatic, kind and in accordance with the law in your negotiations, you may be surprised that your spouse is willing to go along with your requests. An experienced family law attorney -- who has helped Florida spouses navigate many complicated asset division scenarios -- can prove to be a valuable asset in these situations.

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To get you and your family moving on a path toward a brighter future, please contact the Altamonte Springs Law Office of Amy L. Beauchaine at 407-636-2985 or send our Altamonte Springs divorce attorney an email.

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Amy L. Beauchaine, Attorney at Law
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