I am going through a divorce have three small children what options do i have with the house?
Cleta1. Do I have to sell the house?2. Do I have to refinance it and give him his part?3. Or can I live in the house without refinancing until the youngest child turns 18?I live in Florida
ConceptionKeep the house...for your kids...have your ex chubby at least help you with the mortgage payments.After all, even though it didn't work out for you two...he at least should want what's best for the kids.Peace!
ChelseyInteresting question...I live in FL too and was contemplating divorce recently as well but Husband and I are now working on relationship and so far so good!! We agreed to sell the house whether we stayed together or not. figure out what is the better option for you and talk to a lawyer. would it be best to buy husband out and live in home since you have 3 kids and you don't want to uproot them or will it better for you to sell the house, split the profit (getting your child support) from his portion as well and starting over?
EloyIf you can afford the house on your own, and you are going to have the children, then I would suggest that you keep the house. You will want to do a quick claim deed to get your ex's name off of the house. If your ex is really being vindictive and isn't satisfied with that, I would suggest refinancing and give him/her their share. But I think that it is best for the children not to have to move away from their home. They are going through a hard enough time as it is. They don't need a move on top of it. Hopefully, you and your ex can settle things and be on good terms for the children. It will make things ten times easier for them with everything that is going on. Hope this helps. Good luck!
Christeldepends on florida law and the agreement in the divorce
Kristalif the loan is in your name you can keep the house but you are responsible for the payments BY YOURSELF. if you can't do it, get rid of the house. but if the deed is in both of your names you should refinance before you finalize the divorce so you can pay him for his part and he can take his name off the deed. but then you will still be responsible for the payments. so you still may have to go the sell-the-house route. assuming you bought the house while you two were married, you will have to compensate him somehow for the house if he is willing to move out. florida state law requires marital assets to be split down the middle, unless he agrees to give you the house as part of the settlement.
AlizaGet your own divorce lawyer. DO NOT use your husband's lawyer. He will want to use one. And remember that his lawyer will be working for him, not you. All of the answers depend on Florida law. In Missouri, you keep the house until the youngest kid is 18. Then the house is sold and equity divided. You can buy him out at that point if you want. Check with YOUR lawyer. And don't cheap out, get a good one. Your future financial situation depends on it!