Contact Us for a Free Consultation (816) 615-5555

Divorce Advice & Resources

How Can I Keep My House In a Divorce?

Posted by Unknown | Apr 21, 2021 | 0 Comments

how can i keep my house in a divorce

Are you searching for answers to the question, "How can I keep my house during divorce?" Drama Free Divorce can help. Our dedication to offering comprehensive solutions sets us apart. Incorporating flexibility, we offer affordable financing plans starting as low as $500 per month exclusively available for Kansas City residents in both Missouri and Kansas.

With our fixed-cost pricing model, rest easy knowing there won't be any unpleasant surprises during this difficult period. Plus, unlike traditional divorce proceedings, court appearances should likely be avoided to save unnecessary stress and complications!

At Drama Free Divorce, we understand the emotional struggles you're currently going through and our compassionate team of lawyers is here to guide you through this trying time with professionalism and care. Let us support your journey forward as you navigate your next steps together.

Divorce can be emotionally trying, and one of the top concerns of many individuals during a separation or divorce is how to keep their house. In this article, we'll explore various aspects of keeping marital homes during separation or divorce proceedings such as legal implications and expert advice for hiring the appropriate attorney as well as actionable steps that will help navigate this challenging process gracefully and confidently.

 

Can You Keep the Marital Home When Divorcing?

As part of any divorce proceeding, one of the biggest questions to address is keeping the marital home. Although it may be possible, several factors must come into play including state laws, financial considerations, and both parties being willing to negotiate. It's essential that both parties involved understand their rights and options to make informed decisions about this important aspect of any separation or divorce proceedings.

 

Can I Legally Stay in My House during a Divorce?

Staying in your marital home during a divorce may provide emotional comfort, but it's essential to understand its legal ramifications. One spouse may have temporary rights to remain there with children present - however, this should not become permanent as eventual property division must take place.

 

How Can You Keep Your House During a Divorce?

If you want to maintain the marital home, consider these essential steps:

  • Assess Your Financial Situation: Assess whether it's financially possible for you to maintain the home on your own by considering mortgage payments, property taxes, insurance premiums, and maintenance expenses.
  • Negotiate With Your Spouse: Communication is key! Discuss the desire to remain in the house together while exploring potential tradeoffs to reach an agreeable solution that works for both of you.
  • Mediation Can Help Resolve Conflicts: Mediation can be an invaluable way to help parties involved in conflicts settle differences amicably and find common ground. A neutral third party can facilitate productive discussions that lead to productive resolution.
  • Understanding Property Laws: Familiarize yourself with the laws governing property division in your state. Some follow community property principles while others use equitable distribution principles as their guiding principle.

 

How to Divide the Marital Home During a Divorce?

Dividing the marital home can be an intricate and complex process. Here are some strategies:

  • Sell the Home: One option involves selling and dividing up proceeds equally between both spouses.
  • Buy-Out: Either spouse may elect to purchase the other's share in the property in order to remain living together in it.
  • Co-Ownership: Some divorcing couples choose to retain joint ownership of the house after divorce if it can provide financial benefits or is for their children's wellbeing.
  • Deferred Sale: Under certain conditions, courts can grant permission for deferring the sale of a house until specific criteria have been fulfilled, such as when its youngest child turns adulthood.

 

Why is Hiring a Divorce Attorney Better Than Without an Attorney?

Navigating a divorce without legal advice can be both risky and daunting, which is why an experienced attorney can be invaluable during this process. They offer numerous advantages including:

  • Legal Knowledge: Attorneys specialize in family law and are knowledgeable of your rights as an individual while working to promote what's in your best interest.
  • Emotion-Free Advice: Divorce proceedings can quickly turn emotional. An attorney provides objective counsel that keeps your focus on practical solutions rather than emotions.
  • Negotiation Skills: Attorneys possess highly developed negotiation skills, helping their clients secure favorable settlements that might otherwise not be achievable on their own.

 

When should an attorney be hired?

As soon as you or your spouse initiate a divorce process, it is advisable to consult a divorce attorney immediately. Early legal advice can help avoid costly mistakes and outline an effective strategy going forward.

 

What are the Criteria for Finding a Good Attorney?

Finding the right divorce attorney is of vital importance, so when selecting a candidate it's essential that you consider these criteria:

  • Experience: When hiring an attorney for family law and divorce cases, look for one with extensive knowledge in these areas.
  • Communication: Select an attorney who provides clear communication throughout the process and keeps you updated.
  • Reputation: Read reviews and ask for referrals in order to identify an attorney with an outstanding track record.
  • Empathy: Divorce can be emotionally exhausting, an understanding attorney can provide invaluable support during this trying time.

 

Why Choose Drama-Free Divorce?

At Drama-Free Divorce, we understand the challenges associated with divorce can be emotionally trying. Our team of skilled family law attorneys specializes in protecting clients' interests with open communication to keep you well-informed during every stage of the process. Our compassionate approach eases some of your burdens during this challenging period.

 

Suggested Action Steps

  • Meet With An Attorney: Make an appointment with our experienced divorce attorney to better understand your rights and explore available solutions.
  • Assess Your Finances: Determine whether it is financially possible for you to remain in your house, and plan accordingly.
  • Prioritize Communication: Establish open and respectful communication with your spouse to promote productive discussions.
  • Investigate Mediation: For a smoother divorce process, mediation could provide an attractive option to traditional litigation.
  • Expect Change: Acknowledging that your living situation may evolve is the first step toward creating a secure future.

Staying in your house during a divorce can be possible with careful thought, effective communication, and legal expertise. By understanding your options and seeking support, you can navigate this difficult time confidently and move on to the next phase of your life with certainty. Contact us today at 816 615-5555 or send us an email on our Contact Page.

About the Author

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Contact Us Today

Drama-Free Divorce LLC is committed to answering your questions about Divorce law issues in Kansas City, MO and KS.

I'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Read our blog on Divorce Law in Kansas City.

Drama-Free Divorce LLC
Mon: 08:30am - 05:00pm
Tue: 08:30am - 05:00pm
Wed: 08:30am - 05:00pm
Thu: 08:30am - 05:00pm
Fri: 08:30am - 05:00pm

Menu