Your Legal Rights at Work

Divorce: What To Do When You Don't Want To Give Up Your Family Home

by Lewis Hamilton

If your spouse files for a divorce and asks you to give up the family home, you might not know how to react to the request. If you invested time and love into your home for your children's sake, it may not be something you can easily give up on. You can protect your rights to your family's home by doing the things below.

Negotiate with the Other Person

Homes and property are some of the biggest assets marital couples have today. Both spouses may invest money, time, and love into their home throughout the marriage. Divorce can make it difficult for some couples to divide, or even give up, their marital or family home. But if you can, try to keep your home by negotiating with the other person.

The other person may or may not feel the same emotions about the house as you do. If the other person simply wants to hold onto the home to sell later on, you may be able to buy out their interest in the property. When you buy out a home, you pay half of what the home's worth on the market. Some states allow you to buy out a house during a divorce based on your current and future income and assets. The individual buying out the home can use the money toward caring for their children or maintaining a livable lifestyle after divorce.

If the other spouse doesn't want to sell you the home or if you don't have the cash to complete a buyout, relay your concerns to a divorce attorney.

Relay Your Concerns to a Divorce Attorney

A divorce attorney can be an effective negotiator for couples and individuals. An attorney may be able to get the other spouse to share the home with you. The shared home can be something your children inherit after you or the divorcing spouse's passing. The other spouse may agree to the offer if they intend to leave your children property in the future.

If the other spouse doesn't want to share the home for your children's sake, consider asking the family court to add the home to your alimony. If a judge adds the home to your alimony award or spousal support payments, the other spouse will generally pay less to you every month. So keep this mind if you decide to make your request known in court.

You can learn about keeping your family home by contacting a divorce law attorney today.

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