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Dealing with the family home in a divorce

On Behalf of | Oct 3, 2016 | Property Division

When a Kentucky couple agrees to get a divorce, one or both individuals may have their eye on the house, especially if they have lived in the home for years or raised children there. However, if no agreement regarding this large asset can be reached, the judge may make the final decision.

If no agreement can be reached, the judge may simply force the divorcing couple to sell the home. In this case, the person who put more money into the home may be likely to get more out of it. If the judge believes that selling the home would be detrimental to the kids, the home may go to whichever spouse is awarded primary custody. By doing so, the kids would be less likely to be uprooted and can continue going to the same school. If the spouse cannot afford it, however, the judge may go with other options. The judge may also consider whether or not one of the spouses owned the home before getting married or if the house was given as part of an inheritance.

Before the final judgement is in place, spouses always have the opportunity to work out an agreement so that the house can be divided in a way that works for both. In some cases, former couples continue to share the home and live as roommates instead of spouses.

Dividing marital property can be difficult, especially if there are emotions or memories attached to the assets. A family law attorney may assist a person with seeking to keep the family home if that person desires. The attorney may work to determine the value of the home and whether it is financially feasible for the person to keep it once the divorce is finalized.