During divorce, what decides who gets home and how does it work if money is still owed on home, house in both names,

House is facing foreclosure, both parties could still resolve this, children and both reside in home now.

Tampa, FL -

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Attorney Answers (5)

Howard M Lewis

Howard M Lewis

Divorce / Separation Lawyer - Framingham, MA
Answered

I am sorry that you are going through this, in a long term marriage the maritial assets and debts are usually proportionally divided, equitably, if you can work together then you can save alot of time and money on legal fees, try and negotiate what is best for the children. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
Brenda A Drake

Brenda A Drake

Divorce / Separation Lawyer - Jacksonville, FL
Answered

Noting the question as well as the other comments you made above - sadly there is no "usual" answer to these things. Each couple is different and typically this sort of thing is worked out in mediation. There are a lot of factors to consider and I suggest you contact a local Family Attorney who may be able to give you a consult with regards to your particular situation.

This response is for general purposes only and does not establish an attorney-client relationship. You should... more
Jeffrey Alan Klein

Jeffrey Alan Klein

Family Law Attorney - Daytona Beach, FL
Answered

There are many ways this can go wrong for one or both of you. Even if you are able to agree on terms of the dissolution and property distribution you need to retain a family law attorney to draft your settlement agreement correctly.

John Arthur Smitten

John Arthur Smitten

Family Law Attorney - Clearwater, FL
Answered

All of this is decided by the court or amongst yourselves with the lawyers involved. Most of the time children remain in the home to maintain stability in their lives, as to the finances if the mother stays in the home with the kids then the father would pay support to the mother and the kids to maintain the home. Sounds like you need to consult more in depth. Contact my office for free consultation 727-446-7659.

Joseph Julius Registrato

Joseph Julius Registrato

Divorce / Separation Lawyer - Tampa, FL
Answered

If you had a divorce lawyer you'd have the answer to this question already, so I'm assuming you don't have a divorce lawyer. If you are interested in protecting your interests you should hire a lawyer because the answer to this question is not simple and varies from case to case, in addition to which there are pleading requirements that are necessary and if you did not file the proper pleadings you may not get certain kinds of relief, such as partition. So if you want to do it yourself, you're risking losing whatever interest you may have.

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Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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