Spouses may need to settle disagreements about property division as they prepare for divorce. When they cannot agree with one another on terms for their most valuable assets, such as the home where they live together, they may need to defer to a judge.
If a judge must make a decision about the possession of the marital home, in addition to other property division disagreements, unique details about the marriage influence what they decide is appropriate. Similar details can influence negotiations between spouses as well.
What factors may influence possession of one’s marital home during a divorce?
1. Financial stability
The ability to afford the mortgage and escrow contributions is a top consideration in a litigated property division case involving a marital home. The income and credit score of each spouse can influence who ultimately keeps the home when they divorce.
2. Physical capabilities
Homeowners need to make repairs, maintain the space and take care of the yard. Judges and spouses may consider the ability to maintain the house or the capability to afford professional services for maintenance needs when deciding who keeps the home.
3. Custody arrangements
Responsibility for minor children can potentially influence possession of the marital home. The goal in many divorces involving minor children is to keep their day-to-day life as stable as possible. The parent who has more parenting time and whose address is the children’s address can keep things consistent for their children by staying in the marital home with them.
Having realistic expectations about property division can help people limit conflict and develop the best legal strategy possible. Learning more about the details that may influence property division decisions can help spouses analyze their circumstances more effectively.