married couple getting a divorce who is entitled to the house?

Question

have 4 school aged children ,he is disabled and on a military pension ,social security , who is entitled to some of the $

Answer 1

Play rock, paper, scissors and the best 2 out of 3 gets the house. You can do the same for the children.

Answer 2

It depends on where you live, whose name is on the deed/mortgage, and what kind of terms you can negotiate. I live in NY, which isn't a community property state so all I can tell you is that in my case, my ex kept the house by buying my half out in return for me agreeing to take my name off the deed, etc.

Consult a lawyer ASAP before you make any decisions. You and the children are entitled to some of the $$ from pension and social security no matter what.

Good luck

Answer 3

No one is entitled to anything.. If it's over, see a mediating attorney who will help you both decide who needs or wants what. (find one in the yellow pages..)
If you get into the adversarial stance where you each stay angry at the other, each get an attorney and have at it in court, the two people who end up with YOUR money are the two attorneys --- about $6000 each. That what you want?

The only way to divorce is civilly.... agree its over, shake hands, and walk away. Get divorce packets or papers off the internet, so you know what they look like before seeing the attorney... the less time it takes him to write, the cheaper.... $75-300 depending on state. Call a few.

Answer 4

Whoever has primary custody of the children should have possession of the house until all the children are out of school. Then that spouse should sell the home and split the money , or give the other spouse their half of the market value if they want to keep it.
That's how my parents had it set up after their divorce. She could live in it until I turned 18 (I was 8 at the time of the divorce) or graduated high school, whichever was last, then she had to sell it or buy him out. My mother ended up buying out my fathers half a few years later so she could remodel it.

Answer 5

Only an attorney licensed in your state and familiar with family law in your state can answer that. Every state has different laws. Some states are community property, it's all 50-50, but some are not - like where I live, the court will look at who brought what to the marriage and who paid the most out, etc.

Get a lawyer in your county.

Answer 6

That one is for the lawyers to decide. Often a couple has to sell the house to split the equity, and each spouse uses that money to buy a new place. Other times one spouse will keep the house and the other will keep the car and other stuff to make up for it. The law isn't clear on how to split everything up, just that it must be split up. Lawyers negotiate the details.

Answer 7

You both have 50/50 ownership in the home however if one or the other move out then you would have the argument that the one living there has a bit more entitlement. If you want the house stay in it!!!!!!!

Answer 8

If you live in a community property state each is entitled to 50% after costs. One spouse can buy the other out or it can be sold and the equity after costs can be split 50/50. Neither is "ENTITLED" it is a negotiable marital asset.

Answer 9

It's a 50/50 deal here! One of you is gonna have to buy the other one out unless one of you give the house up

Answer 10

when you sell the house the money is split between you Both.If you want to keep your house and live in it he has to buy the other part of the house.Sit down and discuss this with him,if that is not Possible then with a lawyer.Good Luck