Who gets to stay in the house?

Aug 8, 2012 by

Question: 

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?

State: 
Florida

Answer: 

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

Wendy Jaffe and Divorce.com can only provide general information about divorce. DO NOT RELY ON MS. JAFFE’S ADVICE ALONE. Before acting on information provided by Ms. Jaffe or by Divorce.com, talk to an attorney first about your particular facts and the law of your state. By submitting your question to Divorce.com, you are not creating an attorney/client relationship with Ms. Jaffe or with any of the other attorneys listed on this site.

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