Who Gets the House in a Divorce?

When couples divorce, they have a lot of questions. It doesn't help that many of those questions don't have easy answers. The home is typically the most valuable object that two people can share together, so the stakes are high. Plus, the dissolution of a marriage often brings out the worst in people even when there are no financial assets on the line. Keep these tips in mind when counseling or just for general reference.

Reasons Matter

Most people are used to the woman getting the home in the divorce, and this is typical because any children will wind up staying with her. Because it's less traumatic for the kids to have to move out, the judge will generally side with the custodial parent. So the reasons why someone wants to stay are important, and they can even include an emotional attachment to the home. Little is guaranteed in divorce (or in life), but if a person can prove that they did a lot of work on the home or that it houses precious memories, this may be factored into the decision.

Matters of the Law

If a person wants to stay in the house, they'll have to prove that they can keep up with the financial burdens of it before they're granted permission to stay. Most people underestimate the total amount of money they'll spend on a divorce, and after all, is said and done, they may not be able to keep the lifestyle they once had. A judge is going to try to work out an even split as much as possible, and it helps when couples make it easier for them. The more two people can try to work out the division of assets on their own, the more chance a judge will divide the rest to their satisfaction. If one person is working out of spite or greed, it can delay the whole process and ultimately give more money to the court systems rather than back to the couple. That reason should hopefully encourage people to set aside their differences to work together.

If you're going through a divorce and looking for a qualified men's divorce attorney, contact Gerkin & Decker, PC Genesee today.