QUESTION

My husband left me in May, I want to file for divorce, we have a house that's paid for both names are on it will we have to sell the home

Asked on Oct 18th, 2019 on Divorce - Florida
More details to this question:
My husband left in May. I have Lupus. Will we have to sell the home we live in Fla
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1 ANSWER

Hello, I am sorry for what you are going through. Since the house is under both you and your husbands name, the house is subject to something called  "equitable distribution". This means that if the house was bought during the marriage, it is a marital asset and the proceeds of the sale of the home will be divided between the both of you. However, you could try to reach a different arrangement via a marital settlement agreement if you do not want to sell your home.  Also, depending on how many years you were married, you may be eligible for alimony especially given the fact you suffer from Lupus. There are several other facts a divorce attorney would need to know such as whether the marital home has any equity, if the home is subject to a mortgage, whether there were any children born or adopted into the marriage, what other assets and liabilites were incurred during the marriage, and whether or not there is a prenuptial agreement. 
Answered on Oct 22nd, 2019 at 11:18 AM

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