Tips For Getting The House In Your Divorce When Spouse Also Wants It

During your divorce, you will have to divide up everything you own. While this can be easy in some cases, it can be quite difficult in others. If you and your spouse are currently fighting over the house, there may be a few things you can do that will help you get this large asset in your divorce. Here are several things to know as you fight to keep your home.

The judge decides if you cannot

The goal of each spouse having a lawyer is to allow the lawyers to come up with agreements that each spouse is satisfied with. Unfortunately, there are times when this is not possible, and these times typically occur when the spouses will not budge on what they want. If this is the position you are in with your house, it's important to know that the judge will have the final say in the matter. Judges prefer that couples make these decisions together, but the decisions must be made if a couple cannot reach a mutual agreement.

You should provide evidence and facts

If it comes down to the judge deciding on who will get the house, you may have more leverage with the judge if you have facts and evidence to present in court. The facts and evidence you provide should be based on the factors judges use when determining who to award the house to, and this can include the following factors:

  • Who will have custody of the kids – If you have children, a judge will factor in who will be the custodial parent. It is always better if kids can remain in the same home after a divorce, because this provides stability for the kids and puts them through fewer changes. If you are getting the children through the divorce, you can use this as evidence of why you should get the house.
  • Who will have the financial means to pay for the house – The judge will also look at the finance of each spouse to see which one would be able to pay for the home. You may need to prepare a detailed financial statement to show that you could afford the house. You may also want to provide evidence that would prove your spouse would not be able to afford living in the house.

Dividing assets is a normal part of every divorce, but it can be a huge challenge for many couples. To learn more about this subject or other aspects of divorce, contact a divorce attorney today.