Keeping the Marital Home in a Divorce

Have a Plan For the Marital Home

The marital home should be treated as an asset during divorce, and while it is understandable that the home may be very important to you emotionally, it is important to be aware of all the practical and financial aspects of whether to sell your home, keep it, or allow your spouse to keep it. If you are getting ready to go through a divorce and are struggling with this issue, seek the expertise of In Law We Trust, P.A. As attorneys who represent men in the Tampa Bay area, we can review your financial situations, explain all your options, and discuss what the economic impact of those options might be for you.

Will Moving Out of the House Be Considered Abandonment?

Either spouse may move out of the marital house without fear that the court will raise the issue of abandonment, as Florida law does not address this as an issue. In addition, if a spouse does move out of the marital home, the locks cannot be changed, nor can a spouse be kept out of the home without a court order in place.

However, keep in mind, if you are the one to move out and your spouse and children are still at home, this could then be viewed as a factor when the court determines custody. The court could decide it is in the best interest of the children to remain in the marital home with the parent who stayed there. So while moving out doesn’t directly affect your property rights, it could indirectly affect who will remain in the home following the divorce.

Practical Solutions with Regard to the Marital Home

Sometimes it does make sense for you, as the husband to keep the home. If you still have minor children who are settled in a school district and you plan to have full or partial custody, keeping the home may provide the most stability for them. Or, if your home was previously your childhood home, or a relative’s home, or you are attached to it for a similar reason, you may want to stay there, especially if your wife has no interest in it. From a financial standpoint, if you have a fixed rate mortgage with low monthly payments and relatively low property taxes, it might simply make good financial sense to remain in the marital home. If you are able to buy out your spouse, then staying in the home could be a practical solution.

However, there are many situations when it does not make sense from a financial standpoint. If you don’t have enough resources to buy your spouse out, your home is bigger than what you need and more expensive than you can really afford, or you need the cash from the sale of the house, these situations are all excellent reasons to move on and start a new life. This is especially true if your children are grown and gone from the home. If your house is unfortunately worth less than is owed, that does change the situation as well and makes things more complex. The law firm of In law We Trust, P.A. is your best resource for helping you decide and fight for what is best for you.

As for your ex-spouse keeping the house, you will need to be sure that in your divorce settlement you get your fair share of the full market value, and you are protected from any debt or liability. Being properly represented during your divorce is of utmost importance in this case, as well.

Your Marital Home May Be Your Biggest Asset. Be Sure it’s Protected!

When a marital home is involved, it becomes even more important to seek the expertise of attorneys who represent men in divorce. The marital home is often one of the biggest issues that couples will argue about. Your ability to move on with your life can be dependent on the settlement of the home. In Law We Trust, P.A. will work with you to determine your best strategy with regard to keeping or selling your home following your divorce. Your interests and your rights are always our priority.

Call The Family Law Experts Men Trust (813) 415-3510

In Law We Trust, P.A. is a premier firm of divorce lawyers representing men in family law proceedings. We are uniquely positioned to assist our clients with the challenges men face in Florida’s court system. Call us today and get the proper representation men need and deserve.



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