Who gets to stay in the house?
I’m married with four children, only one of them is from my husband. we bought a house (in Florida) together, will the judge order me and my children to leave the house since the mortgage is in my husband’s name only?
Florida is an equitable property state and the court decides all property split issues based on what is fair to each party involved. Florida divorce courts operate on the premise that property should be split equally unless one party shows evidence they are entitled to particular assets individually. Florida divorce courts almost always prefer prior settlements to court intervention, and a case will go to trial only if the parties absolutely disagree on the settlement issues. It is impossible to predict what the judge will rule in your particular case, but it is unlikely that you will be thrown out of the house without a viable option or remedy to your housing situation. The fact that you have dependant children in the home is an important consideration that will certainly affect the outcome.
Common factors that affect marital property distribution in Florida are:
Length of the marriage
Economic situation of both parties
Income contribution of each spouse
Dependent Children in the home
Contributions to career or education of other spouse
Intentional destruction of assets
- The Divorce.com Team
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