During a Florida divorce, people may disagree about many issues. In some instances, there is an overlap from one part of the case to another. This is often viewed in the context of children, custody, support and parenting time. However, it can also involve nearly every aspect of the case.
Property division can be complex and dividing it may lead to dispute. This is especially common with a marital home. Florida uses an equitable distribution model meaning it tries to achieve fairness. That does not always mean equal. The court will weigh various factors when making its decision on how to handle a marital home.
When could one party retain a marital home in a divorce?
The key with a person who wants to retain a marital home is whether it is equitable. If, for example, there is a dependent child from the marriage and the custodial parent wants to live there with the child until they reach the age of majority, this could be allowed.
Financial feasibility is a key. Parents who have the means to maintain the property until the child reaches age 18 or is emancipated can use this option. The court can also terminate exclusive possession if it decides it is fair to do so.
As with most matters surrounding a child, the best interests will be a primary focus. Perhaps the child is thriving in the neighborhood and school. They might have specific needs that make it necessary to stay in the home. Or other factors could be deemed relevant. The parents could exchange some marital property to make it equitable for the custodial parent to keep the home and reside there with the child.
When dividing a marital home stokes disagreement, it is important to have help
Some family law cases can be complex. This does not necessarily mean they are adversarial – many couples are on relatively good terms as they part ways – but there can be issues that arise that make the process more difficult. Property division is one area where people can have obstacles in coming to what they believe is a fair resolution.
A marital home is frequently the most valuable thing a couple has. With that, there can be obstacles in deciding how to divide it or who will retain it. If it is a person who wants to keep the property or someone who wants to sell it for the proceeds, there are strategies to reach a positive outcome and help can be essential.