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

Tampa, FL |

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

Attorney Answers 5

  1. 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 questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

  2. 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 contact an attorney to fully discuss your issues.

  3. 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.

  4. 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.

  5. 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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