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5 Things To Think About When Deciding Who Gets The Family Home In A Divorce


For many couples, the family home is their most valuable asset, which can complicate things for those who decide to get divorced. We’ve included a few things to consider for couples trying to determine who, if anyone, will retain the family home after divorce.

Property Value 

One of the most important factors couples will need to assess when determining the fate of the family home upon divorce is the value of the property itself. If, for instance, the property is worth a lot, a couple may find it in their best interests to sell it and divide the proceeds. If, on the other hand, the value is lower due to market trends, then the parties will need to carefully consider who can afford to maintain the property. This will in turn, require an assessment of the equity in the home.

Equity in the Property 

If the value of a home is equal to or less than the amount still owed on the property, then the party who is in the best position to assume responsibility for the remainder of the debt will likely be awarded the home if the issue goes to trial. The parties will also need to address how much of the loan has been paid off and who was primarily responsible for paying it. It’s important to remember, however, that just because one spouse paid most of the mortgage prior to divorce does not mean that he or she will automatically receive the house, especially if the other spouse made non-monetary contributions to the home’s upkeep or has primary custody of the couple’s child.

Ability to Pay Expenses 

Who can afford to continue to pay expenses for the property, including maintenance costs, mortgage payments, and utility bills will also dictate who retains the family home upon divorce. If one spouse was the primary earner and is in the best position to continue paying expenses, then it may be best for him or her to keep the home. This, however, may not be true in cases where one of the parties receives alimony payments and could put those payments towards the upkeep of the home.

Custody Arrangements 

Custody arrangements are another thing that couples will want to take into consideration when determining the fate of the family home. If, for instance, one spouse has primary custody of the couple’s children, then he or she may wish to remain in the home for the sake of the children. If such a determination is found to be in the children’s best interests then it is likely that a court would award possession of the home to the parent with the larger share of custody.

Emotional Attachment 

Each spouse’s emotional attachment to the home could also impact its fate upon divorce. Someone who owned the home prior to the marriage, or who shows a greater desire to remain in the home for the sake of a couple’s children, could be more likely to receive possession of the home during settlement proceedings.

Who Gets the Family Home? 

There are a lot of factors to weigh when deciding who will retain the family home in a  divorce. Call experienced Florida property division lawyer Sandra Bonfiglio, P.A. at 954-945-7591 for an assessment of your own situation.




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