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Who Gets the House in a Divorce

When couples undergo divorce, they have to decide on matters like the division of assets, child custody, parental rights and responsibilities, and more. All of the things that they used to own and have jointly will need to be divided.

So a lot of questions arise now on how these assets will be separated. One of the most common concerns is who gets the house in a divorce. Is it the parent who gets custody of the children? Does the court decide on who gets to keep the house? 

It all depends. A lot of considerations come in when deciding who gets to keep the house. One of the biggest things you need to think about is whether or not you can afford it. A lot of divorcing people make the mistake of fighting to keep the house and end up not being able to meet the payments with his or her income alone. 

What You Should Do

What you have to do is to strategize. Set your goals at the beginning of your case. What do you aim to achieve? What do you want to get from the divorce? Knowing what goals you are reaching for will help you create viable solutions and strategies to attain them. 

If you really want to keep your house, you have to determine what you’re willing to give up to do so. Can you afford the maintenance? Will keeping the house enable you to sustain your way of life with your income? 

These are all things you are going to have to discuss with your lawyer. And you want to make sure that you’re lawyer is not only on the same page as you but they are actively working in your best interest. This is where selecting the right lawyer comes in. There are definitely aggresive attorneys out there who can win you the most things, but what if that is a house you can’t afford? You want to find a lawyer who you can communicate with and who has the ability to implement strategies that will give you the best outcomes. 

If you and your lawyer can establish that your goal is to keep the house, then you can come up with ways you can do that. You then start making that ultimate goal the foundation of your case. From there will stem what you can give up, what actions you can take, what you need to do to achieve your goals, etc. 

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Danielle
Davis

Partner

Denver – Cherry Creek

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