I am a stay at home mom of 4 minor children, (17, 13,9,6) marriage of 18 yrs. We own a condo together. I am planning on filing for dissolution and am wondering if there is anyway for me to keep the house after the divorce is finalized? I have four children to raise. However, I am not sure if I will be able to afford the house payments because there is quite a lot of mortgage left and I don't have any income to pay for the mortgage.
You will receive child support and spousal support from your husband if requested once you file but you will also be expected to develope a plan whereby you can at least contribute to your own support. The children are now of school-age or some nearly grown enough that they can partially fend for themselves so you could work. You can also request a delay of the division of the condo (sale) until the children reach 18 if it doesn't create a significant hardship on their father. Otherwise, you would have to buy out his equitable interest even if you can acquire sufficient income to pay the mortage. You could also arrive at any creative solution with your husband's agreement.
An experienced family law attorney could look at the totality of your community assets and debts and determine if you keeping the house is a possibility. You would likely receive spousal and child support from your husband but you would need to see if it was financially smart for you to maintain the mortgage with your support. You may be able to work out a settlement with your husband to see if you could stay in the house and delay a sale of the home until the children are graduated from high school or something similar. I suggest you contact an attorney to see what your options are.
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