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Who Gets The House During Divorce?

by Stephanie from Fort Lauderdale, Florida, Broward County


Who Gets The House During Divorce?:
My husband has two previous kids 12 and 14 and they live 50% with us. We have together a 4 year old and 11 month old. My little ones are with me and house everyday and my step kids are part time.

He claims he needs house because he has four kids.
But I use the house we have our route every morning.

Please let me know. It's their secrurty their house. Will this be deciding factor?

Legal Disclosure

Answer to Florida Court Forms Florida Divorce Question

Dear Stephanie,

There is no set rule as to who gets the house after a divorce. Some of the things that might happen are: he gets the house; you get the house; or the judge orders you to sell the house.

The last option may seem reasonable on paper, but given these economic times, it may be completely impractical for you to try to sell the house.

If you and your husband cannot come to an agreement, the judge will ultimately decide who gets the house. It is in everyone's best interests if you and your husband can come to some kind of agreement.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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Florida Court Forms Divorce Forms PacketFully Interactive & Complete Forms Packet for Divorce with No Children or Property. All forms are interactive and properly formatted in PDF and includes resources and filing procedures with easy to follow checklists, and much more.
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Comments for
Who Gets The House During Divorce?

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I own the mortgage, who moves out during separation and after divorce?
by: Concerned Floridian from Kissimmee, Florida

My wife and I have been married for 8 years with no children. We are going through serious marital problems and I want to be separated from her before divorce. I bought the house we presently reside in two years ago.

I am the only person on the mortgage loan and I can't afford to move out and pay for rental while I pay the mortgage at the same time. Although we have a joint account where we pay all the bills. I work full time and she works part time.

I do not want to stay with her while separated and she did not want to get out of the house. What do I do? Also, will I get the house after divorce? I know Florida does not have legal separation or agreement law... Concerned Floridian.
-------
Dear Concerned: There are no easy answers to any of your questions. I can only suggest that you and your wife try to come to an agreement. As far as who gets the house, the court will decide for you if you do not come to an agreement together. --Staff

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