Lawyer's secret:   There are many flexible options when it comes to deciding who gets the house.

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Many spouses are concerned about which of them would get the house.  Some fear that the Judge will order that the house be sold. Many of these concerns are driven by fear of the unknown and a parent's need to live somewhere and often the need to ensure their children have a home.

 

The good news is that Judges routinely leave this decision to the spouses, and often an agreement is reached.  Usually never will a Judge order a house for sale, unless both spouses tell the Judge that they do not want the house.  

 

More often than not, one spouse or the other wants to keep the house.  Sometimes, both spouses want the house.  If one spouse is willing and able to refinance the mortgage then that spouse will usually be allowed to keep the house. Some spouses don't ask for the house because they feel that they are unable to afford the home or they would not be able to refinance the house. 

 

In reality, there are holistic approaches to any case that would allow the spouse unable to afford the home to remain in the home, especially when children are involved.  Not asking for the house is usually the result of common misconceptions.

 

If you would like to talk to Mr. Nordini about how to best address your house in the divorce process, call him today for your free consultation.