Can I Keep Our House in the Divorce?

Divorce is often one of the most stressful experiences that a person will go through, even when it is a relatively amicable divorce process. One of the major issues that concerns spouses in divorces is the division of marital property, especially when one of the spouses very much wants to be able to stay in the family home. If you are in this situation, you may be wondering: Can I keep our house in the divorce? You may be able to with assistance from a divorce lawyer, and it is also something that the court can take into account during the division of marital property. Consider the following information.

Factors in the Equitable Distribution of Marital Property

Assuming that your house is classified as marital property — meaning that it was purchased after the date of the marriage and is not otherwise classified in a valid premarital agreement — then it will be subject to division in your divorce according to Florida’s equitable distribution law. In general, Florida’s equitable distribution law under Section 61.075 of the Florida Statutes says that there is a presumption of an equal distribution of assets unless there is a justification for an unequal distribution.

The statute lists various factors that can play a role in guiding an unequal distribution of marital property, including the fact that one of the spouses wants to keep the house:

“The desirability of retaining the marital home as a residence for any dependent child of the marriage, or any other party, when it would be equitable to do so, it is in the best interest of the child or that party, and it is financially feasible for the parties to maintain the residence until the child is emancipated or until exclusive possession is otherwise terminated by a court of competent jurisdiction.”

In addition, the statute clarifies, “the court shall first determine if it would be in the best interest of the dependent child to remain in the marital home; and, if not, whether other equities would be served by giving any other party exclusive use and possession of the marital home.”

Keeping the Marital Home through an Agreement

The above statutory factor may apply to your case, depending on your circumstances. At the same time, it may be possible to reach an agreement with your spouse that will allow you to stay in the home.

In an uncontested divorce, the parties reach an agreement pertaining to all aspects of the divorce — including the division of marital assets and debts. If you can reach such an agreement with your spouse that complies with Florida law and involves you keeping your home, the court can confirm the agreement and finalize your divorce.

Contact a Divorce Attorney in Port St. Lucie for Help with Property Division in Florida and Your Family Home

If you are anticipating a divorce in Florida and a major concern for you involves being able to keep your family home, it is important to reach out to an attorney who can provide you with more information about your options. As we discussed above, courts do factor in a spouse’s desire to retain the marital home during the process of property division, but it also may be possible to work with a lawyer on a settlement that can also allow you to keep the home. Contact one of the experienced Port St. Lucie divorce lawyers at Baginski Brandt & Brandt today to discuss your circumstances and to seek help moving forward.

Source:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.075.html