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

Divorce Advice & Resources

Primary Residence Issues During A Divorce

Posted by Unknown | Dec 10, 2020 | 0 Comments

primary residence issues during a divorce

Drama Free Divorce can provide reliable assistance regarding "primary residence issues during a divorce". Kansas City and Missouri residents can also take advantage of flexible financing beginning at $500 per month with transparent pricing to prevent any financial surprises during this difficult time. It is unlikely you will need to appear in court, which lowers stress. Our highly qualified lawyers also understand how divorce affects emotional well-being, thus making their advice accessible.

Divorce can be an emotionally painful time, with one of the primary concerns being how to protect and manage your primary residence during the divorce process. In this article, we'll cover these primary residence issues from both legal and practical perspectives as well as discuss hiring an attorney to guide you through this complex journey.


What Happens To A Property After Divorce?

Divorce involves more than simply the end of a marriage, it also often means the division of property and assets shared between two people, including your primary residence. Assuming you and your partner own it together, what will become of it in the event of divorce?

  • Splitting Assets: Divorces often center around the main residence. Negotiation options could include selling it and splitting proceeds having one spouse purchase out the other's share, or co-owning property post-divorce.
  • Child Custody Considerations: As soon as children become involved, however, the court typically gives priority to what's in their best interests. This may involve allowing a spouse to remain within the household in an attempt to maintain stability for all parties involved.
  • Financial Implications: Property division can have severe financial repercussions, so understanding all the possible tax repercussions for each option is vital in order to reach an equitable asset division decision.


What are the main residence issues in a divorce case?

  • Ownership Disputations: One of the main sources of conflict can arise over who gets to keep a house, especially when both spouses feel emotionally connected with it.
  • Mortgage Responsibility: Even once a house has been decided upon, mortgage responsibilities often fall on both spouses. This can create additional financial strain.
  • Equal Distribution Laws: State laws concerning property division may differ, and in some instances, courts might order you to divide up its value equally between spouses. This could force them into selling their home.
  • Parents' Interests: Your children's well-being should always come first when making decisions regarding where the primary residence should be set up. Courts frequently consider factors like school location and stability when determining this outcome.


Can I legally remain in my house during a divorce?

Your state and individual circumstances will determine if you can stay in your home during a divorce proceeding, with possible options including:

  • Temporary Agreement: Both partners may come to an arrangement regarding temporary living arrangements until your divorce is finalized.
  • Exclusive Use Order: To ensure uninterrupted access, requesting exclusive use rights from a judge can help ensure uninterrupted use.
  • Alternative Living Arrangements: If living together is becoming too challenging, alternative arrangements might be beneficial. Consider staying with friends or family instead or renting an apartment.


Mortgage options when dealing with divorce

Care must be taken when handling the mortgage after a divorce.

  • Selling Your House: If neither party can afford to stay in the home and want an easy separation process, selling might be in your best interests.
  • Refinancing: If one spouse wants to keep the house, they can refinance it under their own name - this will free them of financial responsibility from their partner.
  • Co-Ownership: Couples may opt to co-own property as an investment until a more suitable time arises for selling.


Why Is Hiring a Divorce Attorney Better Than Going It Alone?

Navigating the intricacies of divorce can be complex and time-consuming, particularly if there is property involved. Hiring an attorney would be wise. Here's why:

  • Legal Expertise: Attorneys have extensive expertise in divorce law and can offer invaluable guidance on property division, custody arrangements, and financial matters related to your separation and divorce.
  • Objective Perspective: Divorce can be emotionally charged, which makes making sound decisions difficult. Consulting an attorney for guidance will allow them to provide an objective viewpoint and focus on your best interests.
  • Negotiation Skills: Negotiations during divorce proceedings can be stressful, an experienced attorney can represent your best interests by helping to ensure you do not settle for less than what is deserved.


When should an attorney be hired?

As soon as it becomes clear that divorce may be in your future, it is advisable to hire legal representation as early as possible. Early legal advice can help you understand your rights and options more fully, making the entire process simpler from start to finish.


What Are the Criteria for Selecting an Attorney?

Finding an attorney you trust is vitally important. Here are some criteria you should take into account when searching:

  • Experience: When hiring an attorney for family and divorce cases, look for someone with substantial expertise.
  • Reputation: Do your research before hiring your attorney by consulting online reviews, asking for referrals, and checking with local bar associations to make sure he or she has an excellent standing.
  • Communication: Select an attorney who communicates clearly and keeps you updated throughout the process.
  • Empathy: Working with an understanding attorney will allow them to better address your needs and concerns.


Why Choose Drama-Free Divorce:

Drama-Free Divorce stands up to all these standards and more. Our experienced divorce attorneys specialize in property division and are aware of any nuances related to primary residence issues. We place great importance on open communication, no need to remain in the dark during a challenging period - our commitment to our client's well-being sets us apart!


Suggested Action Steps

  • As soon as you anticipate a divorce, consult a competent divorce attorney immediately.
  • Secure all necessary financial documents and details concerning your primary residence.
  • Explore your options when considering buying or selling a primary residence, such as exclusive possession, refinancing, or selling.
  • Prioritize their best interests when making decisions about the family home.
  • Take your time in selecting an attorney who will best represent your interests.
  • If both you and your spouse are open to mediation or alternative dispute resolution methods, consider them as potential ways of solving any conflicts that arise between the two of you.
  • Seek emotional support from friends, family, or a therapist as you go through the emotional turmoil associated with divorce.

Working through primary residence issues during divorce can be daunting. But with proper information and legal guidance, making informed decisions that lead to an easier post-divorce life transition may become possible. Don't go it alone, professionals are here to support you every step of the way! Contact us today at 816 615-5555 or send us an email on our Contact Page.

About the Author


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