Divorce - Keeping the House
As far as getting to keep the house is concerned, you have to be realistic. Can you really buy the other person out? Can you really afford the payments of the house? It may be completely unreal. You should also think about who will get the children. If you aren't the one getting to take children to be with you, then don't expect to get the house, because the house will usually go where the children are. You shouldn't ask for custody because of the house.
Children should not be leverage in a case.
They should never be used so you can get whatever it is that you want. One of the biggest reasons why people will sell the house during the divorce is because neither of them can make the payments alone.
If one of you can, you can take advantage and buy out their half or you can sell for your advantage again. If you want the house, ask the other to move out right away. This way you will have a better chance of getting the house, as well as, the other party losing the house since they forfeited over to you. The one who moves out will be seen as very generous person who just gave the other the house. Ask for a removal. This will allow you to have temporary absence, but remember they can also file for a temporary stay in the house, after the other has left. You should have a plan if you lose the house.
You're not guaranteed the house, so don't act like you are. If you run your business from the house or within the house, you will likely get the house just because it would be an unnecessary inconvenience. It will prove that you have more value towards the home.
You will also want to make sure that you never leave the house or it will leave your possession. You will want to consult your lawyer on other tips on how to keep the house. You will want to make sure that you don't suffer financially just to keep the home. Some of the things that you will need to keep in mind is who will fix the things around the house. Do you have the ability to pay for the pairs or can you do them yourself?
If are the one who gets possession of the home, you should immediately change the locks. This way you can't have your ex entering the premises without your permission. You will want to change the locks as soon as they move out. This way they can't harm you during the proceedings if that's the way they are. You may even want to install an alarm so that you know that no one can open a window and get in. If you feel that your life is in danger, don't fight over the house. However, as a mother or parent you have the right to protect your children and want to stay in the house. When it comes to disputes that include property, you have to ask yourself if it is worth it and why you are pushing the issue.
To get the house, you will want to think about going through mediation. You may find that you will have to give up more things for the house, but you have to wage the house against the other possessions. Usually, if you get the house than you get practically nothing else. You may get child support and alimony, but you don't get any of the other possessions in most cases.
When it comes to divorce proceedings, always make sure that you don't have anything to hide. If you do, you had better have a backup plan in place so that you can clear your name and the courts may be more likely to give you the house. Again, you will want to think about the children as well when it comes to the custody of the house.
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Labels: divorce, do it yourself divorce, house, keep the house