One big thing that couples fight about during a divorce is the house. If both spouses want the house and neither are willing to give in, this can turn into a huge battle. If you are in this situation, it is really important to try to work out this issue with your spouse -- if you do not, the judge will end up making a decision for you. Here are several things to know that can help you work through this problem:
Why do each of you want the house?
The first thing to think about and evaluate is why each spouse wants the house; in other words, what are the reasons and motives? If each of you has valid reasons for this, it may be hard to find a good solution; however, there are times when spouses want the house for all the wrong reasons. An example of a wrong reason is when one spouse simply wants the house to be vindictive to the other spouse. If you are not sure why your spouse wants the house, ask them. These reasons may help you both decide on what to do.
Can you both afford it?
The next thing to evaluate is the question of whether or not each spouse could afford it. If your spouse wants the house but you know he or she could not afford it, this could be a good form of evidence to use as you fight to keep the house, especially if you are able to prove that you could afford to keep it.
If the house is in both of your names and one spouse ends up with the house, that spouse will have to be able to refinance in only his or her name and qualify for a loan. This means that the spouse would have to prove he or she could afford the house. If they can't do this, then it would not make sense for that person to get the house in the divorce proceedings.
What about the kids?
One of the most important things to think about is the kids, if you have any. Which parent will have custody of the kids? Would it be beneficial for the custodial parent to keep the home so that the kids could keep living there? In most cases the answer to this is yes, and this is often a determining factor in this decision.
Working out an arrangement with your spouse is the best way to handle this problem, yet it is not always possible. If you are in this situation and do not yet have a good attorney assisting you, hire a divorce lawyer today.