QUESTION
If I am in a divorce, will I have to sell my house if I don't want to?
Asked on Oct 02nd, 2013 on Divorce - Florida
8 ANSWERS
Divorce Attorney serving Bingham Farms, MI
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Gottlieb & Goren, P.C.
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Property is divided 50/50 unless you can prove he was at fault for the breakdown of the marriage. Whether the house needs to be sold depends on whether he gets an asset of equal value. Sale can be delayed, e.g., until the youngest child turns 18.
Answered on Oct 03rd, 2013 at 9:26 AM
Alimony Attorney serving Rockville, MD
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Law Offices of Aimee C. Robbins
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No, if his interest in the home is bought out, i.e. if you can obtain refinancing of the mortgage.
Answered on Oct 02nd, 2013 at 9:27 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Whether the house has to be sold depends on whether there are enough other assets that you can keep the house and he gets assets of equal value and on whether you qualify to refinance the house assuming his name is on the mortgage. I assume the house belongs to both of you not just to you. The reason for the divorce is irrelevant since this is a no fault state.
Answered on Oct 02nd, 2013 at 6:46 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Maybe, but probably not. If there is any equity in the house, you may have to pay him his share or balance the property split so that you each get half.
Answered on Oct 02nd, 2013 at 5:20 PM
If you can buy out his interest then you could keep the house. You should consult a family law attorney to review all of the facts and advise you.
Answered on Oct 02nd, 2013 at 5:03 PM
Divorce & Family Law Attorney serving Salt Lake City, UT
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Utah Family Law LC
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It is possible, but not necessarily inevitable.
Answered on Oct 02nd, 2013 at 4:26 PM
William M Stoddard
No, but if you want the house in the final decree, you must pay the mortgage payment. He might owe you spousal maintenance that could be used for this payment. But just because the marriage ends, it does not mean you must sell anything unless you were both less than careful with money and because of this you are unable to pay for your own needs when he is gone. You should ask the court to order him to pay his fair share, which can be more than 50% of the debts because he is the one who has ended the working relationship you both had going when you were together.
Answered on Oct 02nd, 2013 at 4:23 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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An award of an asset or the forced sale is a judges decision.
Answered on Oct 02nd, 2013 at 4:17 PM