If you are in the middle of a divorce, you might be worried about whether or not to sell your house. You might not be sure whether you still live in the same house after being legally separated from your spouse.
A lot of things about divorce are unsettling; however, most divorcing couples in Charlotte face the issue of what will happen to the family home. Losing your family home can be devastating because your life has been tied to it and the community to which it belongs. If you want to protect your family home during divorce, you must work with a charlotte family law attorney. Your lawyer will help you understand your legal rights and options as well as protect your best interests.
Can You Live in Your Family Home after Divorce?
Married couples in North Carolina should live apart for a year to get an Absolute Divorce. Once the marriage ends, adjusting to the change in family relationships without moving out of the family home can be difficult enough. Because of this, one of the parties usually refuses to move out. This can be quite devasting for children who are attached to their homes, neighbors, and friends at their schools.
Should You Sell Your House?
Apart from the emotional investment, the financial commitment you and your spouse have to the house is often significant. Usually, the family house is the most valuable asset you both own. After a divorce, one of you has to stay in the house or sell it and divide the proceeds. For the average family in Charlotte, it can be hard to afford to set up and maintain a separate residence. Usually, the supporting spouse moves out of the marital home and continues to pay the household expenses for a certain period. The financial strain of this arrangement results in more conflict for most couples, especially if it takes a while to get the home sold.
What If You Can’t Come to an Agreement?
If you and your spouse cannot come to an agreement about the family house, the court will do so when deciding property division during divorce. This process is known as the equitable division of marital property. To determine how gets the family home, the court considers factors such as the income of the parties, custody of the children, and distribution of other marital property.
If you are facing divorce, discuss your options with a family law attorney. Your lawyer will help you navigate through this difficult time and help you make the best decisions for yourself and your family.
