Who Gets The House In A Contested Divorce?
May 31, 2024
Who Gets The House In A Contested Divorce?
Divorce is never easy, especially when it comes to deciding who gets the family home. In a contested divorce, where both parties cannot come to an agreement on their own, the division of assets can become even more complicated. At Dunlop, Dunlop & Dunlop, P.A., we understand the challenges that come with contested divorces and are here to assist Florida residents navigate through these difficult times.
When it comes to the house in a contested divorce, there are several factors that are taken into consideration. First and foremost, it's important to determine whether the house is considered marital property or separate property. Marital property is typically any property acquired during the marriage, while separate property is anything owned before the marriage or acquired through inheritance or gift. If the house is considered marital property, it will likely be subject to division in the divorce settlement.
In Florida, equitable distribution laws govern how assets are divided in a divorce. This means that assets are divided fairly but not necessarily equally. When it comes to the house, one spouse may be awarded the home outright while other assets are divided to balance out the distribution. Alternatively, both parties may agree to sell the house and split the proceeds.
If both parties cannot come to an agreement on who gets the house, a judge may need to step in and make a decision for them. Factors such as each party's financial situation, contributions to the mortgage and upkeep of the home, and best interests of any children involved will all be taken into consideration when determining who gets the house.
At Dunlop, Dunlop & Dunlop, P.A., our experienced attorneys can assist Florida residents with contested divorce matters involving division of assets such as the family home. We understand that this can be a stressful time for our clients and strive to provide compassionate guidance and representation throughout the process.
In a contested divorce, determining who gets the family home can be a complex and emotional process. With years of experience handling these types of cases in Florida, Dunlop, Dunlop & Dunlop, P.A. is here to provide expert legal assistance and support every step of the way. Our goal is to help our clients reach a fair resolution while protecting their rights and best interests during this challenging time. Let us help you navigate through your contested divorce with confidence and peace of mind.
When it comes to the house in a contested divorce, there are several factors that are taken into consideration. First and foremost, it's important to determine whether the house is considered marital property or separate property. Marital property is typically any property acquired during the marriage, while separate property is anything owned before the marriage or acquired through inheritance or gift. If the house is considered marital property, it will likely be subject to division in the divorce settlement.
In Florida, equitable distribution laws govern how assets are divided in a divorce. This means that assets are divided fairly but not necessarily equally. When it comes to the house, one spouse may be awarded the home outright while other assets are divided to balance out the distribution. Alternatively, both parties may agree to sell the house and split the proceeds.
If both parties cannot come to an agreement on who gets the house, a judge may need to step in and make a decision for them. Factors such as each party's financial situation, contributions to the mortgage and upkeep of the home, and best interests of any children involved will all be taken into consideration when determining who gets the house.
At Dunlop, Dunlop & Dunlop, P.A., our experienced attorneys can assist Florida residents with contested divorce matters involving division of assets such as the family home. We understand that this can be a stressful time for our clients and strive to provide compassionate guidance and representation throughout the process.
In a contested divorce, determining who gets the family home can be a complex and emotional process. With years of experience handling these types of cases in Florida, Dunlop, Dunlop & Dunlop, P.A. is here to provide expert legal assistance and support every step of the way. Our goal is to help our clients reach a fair resolution while protecting their rights and best interests during this challenging time. Let us help you navigate through your contested divorce with confidence and peace of mind.
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