2006-07-24 02:25:58 · 13 answers · asked by peanut 1 in Family & Relationships ➔ Marriage & Divorce
Be careful . The information you choose to rely on could have a major effect on your future happiness. You may need to contact an attorney to help you with these decisions. If you decide to proceed without legal counsel, here's some information which may be helpful .
Disposition of property is one of the orders that will be issued by the Court when the divorce becomes final. If both you and your spouse can agree on the matters you mentioned, the Court will probably rely on your agreement when issuing these orders. If you and your spouse are not able to agree, the Court will make a decision for you. Although the Court will attempt to be fair, I've never known a person who was completely happy when no agreement was reached by the parties and the Court was forced to make the decision.
Actually, your best course of action is to sell the house before the divorce. It will make the divorce much less complicated and avoid a settlement which might make both of you very unhappy. If the two of you can agree, draw up an agreement for both of you to sign in front of a notary. It will be a binding document and both you and your spouse will be required to follow the various provisions.
If you have children, you should make your husband aware that the Court will almost always decide matters based on what is best for the children. This means that, if your husband insists on going to Court to have these matters resolved, you and the children are almost sure to be allowed to live in the house until it's sold. This means that you're probably in a very strong bargaining position.
Without knowing much more about your situation, this is the best advice I can give you. For many years I operated a paralegal divorce service and helped hundreds of people get divorced under all kinds of circumstances. If you need more information, please feel free to contact me .
2006-07-24 17:23:47 · answer #1 · answered by magic 3 · 0⤊ 0⤋
In my boyfriends situation when he divorced the his ex wife and his children stayed there until the house was sold but I think that was something they both had agreed on during the mediation process.
2006-07-24 02:31:33 · answer #2 · answered by italianprincess_fl 3 · 0⤊ 0⤋
either party can live there, but must compensate the other party by paying a reasonable rate of rent determined by the market prices and giving consideration to what a similar home would rent for in your area
2006-07-24 02:28:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Its usually by mutual agreement. Generally the male will move out especially if children are involved. Take advice and do what is right for your circumstances.
2006-07-24 02:28:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Usually the one who has paid most of the mortgage. But I think mostly it is the wife and children. The man can sleep in the car.
2006-07-24 02:27:57 · answer #5 · answered by Anonymous · 0⤊ 0⤋
There is no real answer to this one. If the two of you can't come to an agreement, then you should both just stay there and make each other miserable.
2006-07-24 02:27:32 · answer #6 · answered by dolphin2253 5 · 0⤊ 0⤋
thats a question you need to ask the lawyer. Both of you probally want to live there so its something that needs to be worked out.
2006-07-24 02:28:26 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Either one can live it , till it sold to someone else. Either way, when it sold, he/she has to move out.
2006-07-24 02:29:15 · answer #8 · answered by kygl28 3 · 0⤊ 0⤋
Whichever one the Judge decrees shall reside it it until completion of sale.
2006-07-24 02:37:50 · answer #9 · answered by acmeraven 7 · 0⤊ 0⤋
who ever bought the house or who ever put down more money for the house or who ever deiced to sell the house
2006-07-24 02:31:45 · answer #10 · answered by angel123 1 · 0⤊ 0⤋