One of the most contested things during divorce proceedings is the family home. The major decision the divorcing spouses need to make is whether to keep the home or sell it. In some proceedings, decisions made about the family home can threaten to eclipse other issues. Conflicts often arise in making the important decision of what should be done. For example one spouse might view the home as a refuge from their problems, while the other views it as a means of offsetting costs of the divorce and child support.
Deciding how to proceed with the family home as part of a divorce process should not be considered without the advice of a good Central Valley divorce lawyer.
Common Problems With Homeownership During Divorce
Home ownership during a divorce proceeding can present many problems. Some common problems that may arise if one party decides to live in the family home after divorce include:
- Who will continue paying the mortgage payments
- Who will pay the property taxes
- Who will pay the insurance
- Will the name on the deed change to just the spouse who will continue living in the home
There may be other concerns for the spouse who will be moving out, such as where he or she will move to and whether it needs to be close enough if children are involved so they can stay in the same school.
Most of these big issues should be dealt with early in the divorce proceeding and may include temporary orders for spousal support. An experienced divorce attorney can help guide you to protect your rights and make the decision that is in your and your children’s best interests.
When an Agreement Is Not Possible
If you and your spouse cannot reach an agreement as to what to do with your family home during your divorce proceeding, the court may get involved. One way to resolve the issue may be for one spouse to ask the court to issue an order on the sale of the house before the divorce is finalized.
Family courts do not issue such orders on the sale of property easily. Two main reasons that could provide as justification for such an order include:
- Large attorney fees – If it becomes clear that a party will be unable to cover large attorney fees, the court may order the liquidation of assets, including the house, in order to cover those fees.
- Foreclosure – If there is a threat of foreclosure, it may act as a valid reason for the court to order foreclosure – especially if there is sufficient equity in the home.
Call an Experienced Central Valley Divorce Attorney
If you are going through a divorce or planning to file for divorce, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Central Valley divorce attorney, please call Gurjit Srai (209) 323-5558 or (559) 449-1447, or complete our online form.