How can I get awarded the marital home in a divorce? The marital home is often the most valuable asset that a couple will have. It is the place where they both live and raise their children. This is why the marital home is often the most disputed asset in the course of a divorce. Generally the first thing that you need to do is consult an experienced divorce attorney in Birmingham, Alabama.
Then you will need to determine how much the house is worth. Usually this can be done by looking at the fair market value of the home. It is also important that you and your spouse come to an agreement on what both of you think the fair market price of the home should be. It is important that you come to an agreement because it is likely that if the house is sold, that the profits will end up being split between you and your spouse. However, if a judge decides that one spouse will keep the house, that spouse may be responsible for paying the other spouse for half of the value of the house.
Generally if the divorce is an uncontested divorce, it is likely that the spouses have already come to an agreement as to what will happen to the marital property after the divorce. When a couple can not come to an agreement on who gets the house, the divorce will be contested and the couple will have to go to court to let a judge decide. If you cannot decide on what to do with the house after the Bessemer divorce, it will likely be much more costly to go to a court and dispute over who gets the property.
There are a number of factors that a judge must consider when deciding who will get the house in the event of a divorce in Macon County, Alabama. One of the main factors to consider is whether the house was bought by one spouse before the marriage, or if the house was bought jointly during the course of the marriage. The judge will also look at how much each spouse has actually contributed to the house. If one spouse has contributed significantly more to the house then it is more likely that a judge would consider awarding the house to that spouse. Another factor that will affect the judge’s decision is which parent will have custody of the children.
If one parent is going to have custody of the child, then the judge may allow that parent to keep the house in order to continue raising the children in that home. The judge often will allow the spouse who has custody of the child to keep the house until the children are at least 18 years old. Once the children turn 18, the couple may either sell the house or determine new ownership of the property. The judge must also take into consideration which parent will be able to pay for the house and the upkeep of the home. The court generally is always most concerned with what is best for the children, which will often have considerable weight in determining who keeps the house.
Attorney Steven A. Harris regularly blogs in the areas of family law, bankruptcy, probate, and real estate closings on this website. Mr. Harris tries to provide informative information to the public in easily digestible formats. Hopefully you enjoyed this article and feel free to supply feedback. We appreciate our readers & love to hear from you!