Keeping the Marital Home in a florida divorce is often the most significant Marital Asset. The Marital Home differs from other assets in that there are often other considerations that factor into the disposition of the home beyond providing equal distribution to the parties. Florida Courts have discretion, particularly with the Marital Home, to take equitable considerations in fashioning a property distribution, even if it results in unequal distributions.
The Marital Home can be awarded to either spouse, sold or, in some cases, be surrendered to the mortgage holder.
Factors affecting the Marital Home Disposition:
- Are there minor children still in the Marital Home
- Will the lower-income spouse be able to afford to house.
- What is the equity in the Marital Home
- Can one or both spouses afford the Marital Home
- Are other Assets available to make an equalizing payment if that is necessary?
- Is the loan and mortgage on the home
On motion, one party may be awarded exclusive use of the Marital Home during the divorce proceedings. The party seeking exclusive use of the Marital Home will file a motion explaining their position on why they should be awarded exclusive use during the divorce.
If you have further questions about legal issues, please contact Donaghy Law today to schedule your free consultation! We serve clients in Seminole, Orange, and Volusia counties, including but not limited to, residents of Longwood, Lake Mary, Sanford, Altamonte Springs, Apopka, Orlando, DeLand, Daytona Beach, and surrounding areas.