Switch to ADA Accessible Theme
Fort Lauderdale Divorce Lawyer

Frequently Asked Questions About What To Do With The Family Home During A Fort Lauderdale Divorce

FAQs

Determining how to divide marital property is one of the biggest issues that must be resolved in Fort Lauderdale divorce proceedings. As real estate represents a major investment of both time and money, a primary concern is often what to do with the family home.

In addition to the financial impacts of this decision, personal attachments make the situation more complex. The following are frequently asked questions our Fort Lauderdale divorce attorney hears from clients concerning how to handle this important matter.

What Are My Rights In Regards To The Family Home?

Under the Florida Statutes, you have the right to an equitable share of all property acquired or accumulated over the course of your marriage. This includes the family home.

‘Equitable’ means an arrangement fair to both parties. Generally, factors a judge will consider in determining equitable division are each couple’s income, their premarital property and assets, and any contributions they make during the marriage.

Should I Leave During A Separation Or Insist That My Spouse Do So?

This is a major concern among clients contemplating divorce. In general, if you have not already vacated the family home, we advise you not to do so now. Particularly if you have children and are intending to ask for possession of the house in your divorce proceedings, it is typically better to remain on the property and ask your spouse to leave instead.

What Are The Options For Dividing The Family Home During Fort Lauderdale Divorce Proceedings?

When dealing with marital property division in the Broward Family Court, there are a variety of options available. In terms of the family home, you may want to consider the following:

  • Granting ownership of the home to one of the parties, in exchange for other property and assets;
  • Selling the home and dividing the profits;
  • Co-owning the home, which is a common course of action in cases where you still have young children from the marriage that you are raising.

Can My Spouse Be Forced To Pay Some Of The Costs Of Care and Upkeep of The Family Home?

While you may have deep sentimental attachments to the family home and a strong desire to continue living there, it is important to consider whether it is practical in the aftermath of a divorce. For example, the property may be too large for you to easily manage or maintain. The mortgage amount, taxes, or repair costs may also exceed your newly-divorced budget.

However, there are options in this situation. Depending on the circumstances, your spouse may also be ordered to contribute to the costs as part of their spousal or child support payments.

Discuss Your Options With Our Fort Lauderdale Divorce Attorney

When making major decisions regarding marital property in divorce, get the trusted legal guidance you need from Fort Lauderdale divorce attorney Vanessa L. Prieto. Call or contact us online and request a consultation to discuss your options today.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0061/Sections/0061.57.html#:~:text=(1)%20The%20collaborative%20law%20process,process%20over%20that%20party’s%20objection.

browardclerk.org/Divisions/Family