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divorce but who keeps house when...


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Hello everyone, I am new to this forum and i am new to the idea of divorce. My wife and I have been going through so much turmoil that we both think that a divorce is in our near future. She has been so nasty and now i do not trust her. We both make about the same in salary and the house is in both of our names....but i have a son from a previous relationship and he comes over every weekend and spends the entire summer with me. If a divorce does happen would i have better chances getting the house because of my son. He has his own room. he has friends on this nice block. It is not his fault what is happening to my marriage. or would a judge grant the house to my wife and leave my son and i out in the cold to find a new place to live? what do you guys think and does anyone have this experience?

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Of course, whoever "gets" the house in the divorce has to pay the other for his/her share.

 

If you want the house you should stay in the house and not move out. I'm not sure if your son's needs will even be considered in divorce, sorry to say, because he is not a child of that marriage (unless your wife adopted him).

 

Best to take all your facts to a family lawyer in your state to be sure.

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Philosoraptor

This would be something to discuss with a lawyer. Can either of you afford the house on your own? If not then the house will likely be sold and the gain/loss split between the parties. One of you will need to buy the other out of the property and that can be discussed between your lawyers.

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It constantly amazes me, that people ask this kind of question without even saying which country they are in. The laws are significantly different in different parts of the world. Even within the UK for example, Scottish divorce law is very different from English.

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