When comes to keeping the house, you have to be realistic. Can you really buy them out, can you afford the payments on the house? You need to be completely realistic. You should also think about who will get the children. If you don’t want the children to be with you completely, then don’t expect to get the house, because the house usually goes where the children are. You shouldn’t ask for custody because of the house. Children are not leverage in a case.
Should You Sell Your House?
For some divorcing couples, their house is just a place to sleep at night. They have no emotional investment in their home or community and no children to uproot. For such couples, it may be prudent to sell the home to give both parties the capital to start new lives in new locations. For other couples who are heavily invested in their neighborhoods, the family home may represent continuity and stability. Friends, neighbors, churches, and schools can provide a powerful support network to help a divorcing family, particularly the children. Staying in the family home may provide necessary stability in your children’s lives.
When deciding whether or not to sell the family home, consider the following:
Reasons to sell
- mortgage payments are too high
- upkeep will require too much time and energy
- equity is needed to pay debts and finance new living arrangements for both parties
- too many bad memories, a psychological need to start fresh
- debt makes refinancing or buy-out impossible
Reasons not to sell
- provides needed stability for spouse and children
- moving would uproot children from school, activities, and friends
- mortgage payments are affordable
- you or spouse has the ability and resources to maintain the home
- assets are sufficiently diversified and not limited to home equity
- tax advantages
Unless your debt and finances simply don’t allow the option, you should carefully consider the stability staying the family home will provide your children, particularly if they are of school age. Divorce causes such massive upheaval in your children’s lives — upheaval over which they have no control — that the ability to remain in their home, in a familiar neighborhood where they know the people and places, in a familiar school with people they know and who know them, gives children a much-needed anchor in their lives. Studies have shown that children cope better with divorce when less of their world changes.
Making the decision about whether to keep or sell your home is often driven by finances. But if you and your spouse can work together for the sake of your children, you may be able to arrive at a compromise that allows your children the stability of remaining in the family home. If one spouse cannot buy out the other, consider deferring the sale until the children graduate from high school. There are always options.
A House is One of the Factors Involved in Divorce
One of the biggest reasons why someone will sell the house during the divorce is because neither one of them can make the payments alone. If one of you can, you can take advantage and buy out their half or you can sell for your advantage again. If you want the house, ask the other to move out right away. This way you will have a better chance of getting the house, as well as, the other party losing the house since they forfeited over to you. The one who moves out will be seen as a very generous person who just gave the other the house. Ask for a removal. This will allow you to have a temporary absence, but remember they can also file for a temporary stay in the house after the other has left. You should have a plan if you lose the house.
You’re not guaranteed the house; so don’t act like you are. But if you run your business from the house or within the house, you will get the house most likely just because it would be an inconvenience that is unnecessary. It will prove that you have more value towards the home.
Ask Lawyer’s Advice About Keeping the House
You want to make sure that you never leave the house or it will leave your possession. You will want to consult your lawyer for other tips on how to keep the house. You will want to make sure that you don’t suffer financially just to keep the home. Some of the things that you will need to keep in mind is who will fix the things around the house. Do you have the ability to pay for the repairs or can you do them yourself?
Changing the Locks
If you do get possession of the home, you should change the locks. This way you can’t have them entering the premise without your permission. You will want to change the locks as soon as they move out. This way they can’t harm you during the proceedings. You may even want to install an alarm so that you know that no one can open a window and get in. If you feel that your life is in danger, don’t fight over the house. However, as a mother or parent, you have the right to protect your children and want to stay in the house. When it comes to disputes that include property, you have to ask yourself if it is worth it and why you are pushing the issue.
To get the house, you will want to think about going through mediation. You may find that you will have to give up more things for the house, but you have to wage the house against the other possessions. Usually, if you get the house then you get practically nothing else. You may get child support and alimony, but you don’t get any of the other possessions in most cases.
When it comes to divorce proceedings, make sure that you don’t have anything to hide. If you do, have a backup plan so that you can clear your name and the courts may be more likely to give you the house. You will want to think about the children as well when it comes to the custody of the house.