Dealing With The Marital Home In Divorce

A recent article on reuters.com entitled Splitsville? How to divide property in a divorce discussed the importance of dealing with the marital home in a divorce.  Oftentimes, the marital home is the major marital asset.  It is also an asset to which parties have a strong emotional connection.  They have sunk their money and time into making the home a refuge and a place for their children.  As such, when a divorce occurs and both parties will no longer reside together, the home can become a battleground.

Primarily, the parties must consider whether either of them can afford to keep the home without the financial assistance of the other party (often, by way of an alimony and/or child support award).  Even if one party can afford to keep the home, does it make sense to keep it?  A home requires maintenance, both indoor and outdoor and may prove to be more of a burden instead of a blessing to a newly unmarried person womens air max tavas.

Additionally, the parties must consider whether they should keep the home for the benefit of their minor children.  Couples frequently choose a home based upon its location in a prime school district.  Moreover, children establish roots in a particular area with friends, community activities, local caregivers, etc.  With the disruption in their lives that is sometimes caused by divorce, in conjunction with the foregoing factors, uprooting children from their home is not always a wise decision.

Sometimes parties agree that the home should be kept, but they both want to keep it.  If they cannot resolve their differences, a court will make the decision for them.  This should be a last ditch alternative because neither party may be satisfied with the outcome air jordan 14.  A judge may simply order that the home be sold and any proceeds (or shortfall) divided, or considering the needs of the children, award the home to one of the parties.

As with most issues concerning property in a divorce, it is best if parties act rationally, not emotionally, when determining the disposition of the marital home.  The old adage, “home is where the heart is,” must be kept in mind.

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About Family Law Focus
The Family Law Focus blog provides highlights, updates and insights on complex family disputes including divorce, division of property, and alimony; child and spousal support; child custody; domestic violence; pre- and post-nuptial agreements; name changes; and adoption or termination of parental rights.
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Jennifer A. Brandt, of Cozen O'Connor's Family Law practice, has represented a wide variety of clients in hundreds of family law cases throughout her career. Jennifer is a regular legal commentator on national and local television outlets such as CNN, Fox New Network, HLN, MSNBC, Fox29, ABC News, NBC and CBS and frequently writes and contributes to articles in numerous publications, including the Huffington Post, Fox Business.com, The PhiIly Post, Avvo.com, Allparenting.com, The Philadelphia Inquirer, The Philadelphia Business Journal, the National Law Journal, and Main Line Today magazine.
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